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The 



NORTH CAROLINA 

REGISTER 



IN TfflS ISSUE 



PROPOSED RULES 

Acupuncture Licensing Board 

Agriculture 

Enyironment, Health, and Natural Resources 

Human Resources 

Labor 

State Personnel 

li^nsportation 



CONs 
TITUI 






RRC OBJECTIONS 
CONTESTED CASE DECISIONS 



ISSUE DATE: March 



1, 1995L 



P») p^Sts .ff^ SHEj, p .-, g, jjjj, .„,^ 



MAR S 1995 

K.ATHRIN:E R. tYEILETT : 
LAW LI3?.ARy 



Volume 9 • Issue 23 • Plages 1963 - 2068 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains infonnation relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the General 
Statutes. All proposed administrative rules and notices of public 
hearings filed under G.S. 1 50B-21 .2 must be published in the Register. 
The Register will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription at 
a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars ($8.00). 

Requests for subscription to the North Carolina Register should be 
directed to the Office of Administrative Hearings, P. O. Drawer 27447, 
Raleigh.N.C. 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consultArticle2A of Chapter 150B 
of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must first 
publish notice of the proposed action in the North Carolina Register. 
The notice must include the time and place of the public hearing (or 
instructions on how a member of the public may request a hearing); a 
statement of procedure for public comments; the text of the proposed 
rule or the statement of subject matter; the reason for the proposed 
action; a reference to the statutory authority for the action and the 
proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days must 
elapse following publication of the notice in the North Carolina 
Registerbefore the agency may conduct the pubUc hearing and at least 
30 days must elapse before the agency can take action on the proposed 
rule. An agency may not adopt a rule that differs substantially from the 
proposed form published as part of the public notice, until the adopted 
version has been published in the North Carolina Register for an 
additional 30 day comment period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval by 
RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative Hearings 
for publication in the North Carolina Administrative Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or before 
filing with OAH for publication in the NCAC. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue tempo 
rary rules. Within 24 hours of submission to OAH, the Codifier oi 
Rules must review the agency's written statement of findings of neeJ 
for the temporary rule pursuant to the provisions in G.S. 150B-21.1. 1 
the Codifier determines that the findings meet the criteria in G.S 
150B-21.1, the rule is entered into the NCAC. If the Codifiei 
determines that the findings do not meet the criteria, the rule is retume< 
to the agency. The agency may supplement its findings and resubmi 
the temporary rule for an additional review or the agency may responc 
that it will remain with its initial position. The Codifier, thereafter, wil 
enter the rule into the NCAC. A temporary rule becomes effectivt 
either when the Codifier of Rules enters the rule in the Code or on thi 
sixth business day after the agency resubmits the rule vdthout change 
The temporary rule is in effect for the period specified in the rule or 18( 
days, whichever is less. An agency adopting a temporary rule mus 
begin rule-making procedures on the permanent rule at the same tim( 
the temporary rule is filed with the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a compilatioi 
and index of the administrative rules of 25 state agencies and 3; 
occupational hcensing boards. The NCAC comprises approximatel] 
IS.CKK) letter size, single spaced pages of material of which approxi 
mately 35% is changed annually. Compilation and publication of th* 
NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency ii 
assigned a separate title which is further broken down by chapters 
Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of twJ 
dollars and 50 cents ($2.50) for 10 pages or less, plus fifleei 
cents ($0.15) per each additional page 

(2) The fiill publication consists of 53 volumes, totaling ir 
excess of 15,000 pages. It is supplemented monthly wit! 
replacement pages. A one year subscription to the fill 
publication including supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). Individual vol 
umes may also be purchased with supplement service. Re 
newal subscriptions for supplements to the initial publicatioi 
are available 

Requests for pages of rules or volumes of the NCAC should b< 
directed to the Office of Administrative Hearings. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, pagi 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volum( 
1 , Issue 1 , pages 101 tiirough 201 of \he North Carolina Re gisterissuet 
on April 1, 1986. 



FOR INFORMATION CONTACT: Office of Administra- 
tive Hearings, ATTN: Rules Division, P.O. Drawer 27447, 
Raleigh, North CaroUna 2761 1-7447, (919) 733-2678. 



NORTH 
CAROLINA 
REGISTER 




Office of Administrative Hearings 

P. O. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



ISSUE COIVJTENTS 



I. PROPOSED RULES 
Agriculture 

Food and Drug Protection 

Division 1963 

Environment, Health, and 

Natural Resources 

Environmental Management .... 1979 
Human Resources 

Facility Services 1971 

Medical Assistance 1972 

Labor 

OSHA 1973 

Licensing Board 

Acupuncture Licensing Board . . . 2016 
State Personnel 

Office of State Personnel 2018 

Transportation 

Motor Vehicles, Division of .... 2015 



n. RRC OBJECTIONS 2033 



Julian Mann 111, 

Director 
James R. Scarcella Sr, 

Deputy Director 
Molly Masich, 

Director ofAPA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
as. 125-11.13. 



m. CONTESTED CASE DECISIONS 

Index to ALl Decisions 2037 

Text of Selected Decisions 

94 DST 0876 2054 

94 EHR 1035 2060 

rV. CUMULATIVE INDEX 2065 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 

Issue 
Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

PubUc 

Hearing 

15 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

toRRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rides of Civil Procedure, Ride 
6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-21. 2(f) for adoption procedures. 

** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Revised 10/94 



PROPOSED RULES 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

Notice is hereby given in accordance with G.S. 150B-21.2 that the N.C. Board of Agriculture intends to 
amend rules cited as 2 NCAC 9B .0016; 43L .0202. .0304; adopt 2 NCAC 43L .0701 - .0702 and repeal 2 
NCAC45 .0001 - .0002. 

1 he proposed effective date of this action is June 1 , 1995. 

1 he public hearing will be conducted at 10:00 a.m. on April 5, 1995 at the Gov. James B. Hunt, Jr. Horse 
Complex (Restaumnt), 4601 Trinity Rd. , Raleigh, NC 27607. 

Jxeasonfor Proposed Action: 

2 NCAC 9B . 0016 - To adopt by reference federal standards for labeling meat and poultry products for safe 
handling. 

2 NCAC 43L .0202 - lb amend fees for Charlotte Farmers Market. 
2 NCAC 43L .0304 - To amend fees for Western North Carolina Agricultural Center 
2 NCAC 43L .0701 - .0702 - To establish fees for the Piedmont Triad Farmers Market. 
2 NCAC 45 .0001 - .0002 - To repeal unnecessary rules. 

Lyomment Procedures: Interested persons may present their statements either orally or in writing at the public 
hearing or in writing prior to the hearing by mail addressed to David S. McLeod, Secretary of the North 
Carolina Board of Agriculture, P.O. Box 27647, Raleigh, NC 27611. 

CHAPTER 9 - FOOD AND DRUG PROTECTION DIVISION 

SUBCHAPTER 9B - RULES AND STANDARDS ADOPTED BY REFERENCE 

.0016 ADOPTIONS BY REFERENCE 

(a) The Board adopts by reference in accordance with G.S. 1 506- 14(c) "Official Methods of Analysis of 
AOAC" published by the Association of Official Analytical Chemists. 

(b) The Board adopts by reference in accordance with G.S. 1 506- 14(c) the "U.S. Pharmacopeia National 
Formulary US? XXI-NFXVI" and supplements published by the U.S. Pharmacopeial Convention, Inc. 

(c) The 6oard adopts by reference in accordance with G.S. 1506-14(c) the "ASTM Standards on Engine 
Coolants", published by the American Society for Testing Materials. 

(d) The 6oard adopts by reference in accordance with G.S. 1506-14(c) the following publications: 

(1) "EPA Manual of Chemical Methods for Pesticides and Devices", and supplements published by 
AOAC; 

(2) "Pesticide Analytical Manual," Volumes 1 and If, published by the United States Department of 
Health, Education and Welfare, Food and Drug Administration; 

(3) "FDA Compliance Policy Guides," published by the United States Department of Health, Education 
and Welfare, Food and Drug Administration; 

(4) "6ergey's Manual of Determinative Bacteriology," R. E. Buchanan and N. E. Gibbons, Editors, 
Williams & Wilkins Company, Baltimore; 

(5) "Microbiology Laboratory Guidebook," published by the United States Department of Agriculture, 
Animal and Plant Health Inspection Service, Meat and Poultry Inspection Program, Washington, 
D.C.; 

(6) "FDA Bacteriological Analytical Manual," published by the Association of Official Analytical 
Chemists; 

(7) "Standard Methods for the Examination of Dairy Products," E. H. Marth, Editor, published by the 
American Public Health Association; 

(8) "Compendium of Methods for the Microbiological Examination of Foods," M. L. Speck, Editor, 
published by the American Public Health Association; 



9:23 NORTH CAROLINA REGISTER March 1, 1995 1963 



PROPOSED RULES 



(9) "Bergey's Manual of Systematic Bacteriology," Vol. I, Kreg and Holt, Editors, William E. Wilkens 
Company, Baltimore; 

(10) "Manual of Clinical Microbiology", E. H. Lennette, Balows, et al.. Editors, published by the 
American Society for Microbiology; 

(1 1) "Standard Methods for the Examination of Water and Waste Water", published by American Public 
Health Association, American Water Works Association, and Water Pollution Control Federation. 

(e) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) the following parts and subparts of 
the Code of Federal Regulations, Title 21, Subchapter A (General), as promulgated by the Commissioner of 
the Food and Drug Administration under the authority of the Federal Food, Drug, and Cosmetic Act: 

Subject of Part 
General 

Labeling - Definitions 
Presence of Mandatory Label Information 
Failure to Reveal Material Facts 
Exemptions from Required Label Statements 
Package Size Savings 

"Cents-off," or Other Savings Representations 

Grain Seed Treated with Poisonous Substances; Color Identification to Prevent 
Adulteration of Human and Animal Food 

Use of Secondhand Containers for the Shipment or Storage of Food and Animal Feed 
Guaranty 

Suggested Forms of Guaranty 
Color Additives 
Definitions 

General Restrictions on Use 

Color Additives in Standardized Foods, New Drugs, and Antibiotics 
Related Substances 

Packaging Requirements for Straight Colors (Other Than Hair Dyes) 
Labeling Requirements for Color Additives (Other Than Hair Dyes) 
Listing of Color Additives Exempt from Certification 
Listing of Color Additives Subject to Certification 

General Specifications and General Restrictions for Provisioned Color Additives for 
Use in Foods, Drugs and Cosmetics 
(22) 82 Listing of Certified Provisionally Listed Colors and Specifications 

(f) The Board incorporates by reference, including subsequent amendments and editions of the referenced 
materials, the following parts and subparts of the Code of Federal Regulations, Title 21, Subchapter B (Food 
for Human Consumption), as promulgated by the Commissioner of the Food and Drug Administration under 
the authority of the Federal Food, Drug and Cosmetic Act: 

Part Subject of Part 

General 
Food Labeling 
(Except 101.11 and 101.103) 

Common or Usual Name for Nonstandardized Foods 
Quality Standards for Foods with No Identity Standards 
Nutritional Quality Guidelines for Foods 
Foods for Special Dietary Use 
Infent Formula Quality Control Procedures 
Infent Formula 
Emergency Permit Control 

Unavoidable Contaminants in Food for Human Consumption and Food-F^ckaging 
Material 
(11) 110 Current Good Manufecturing Practice in Manufecturing, Processing, Packing, or 

Holding Human Food 



1964 NORTH CAROLINA REGISTER March 1, 1995 9:23 





Part 


(1) 


1.1 


(2) 


1.3 


(3) 


1.20 


(4) 


1.21 


(5) 


1.24 


(6) 


1.31 


(7) 


1.35 


(8) 


2.25 


(9) 


2.35 


(10) 


7.12 


(11) 


7.13 


(12) 


70 


(13) 


70.3 


(14) 


70.5 


(15) 


70.10 


(16) 


70.11 


(17) 


70.20 


(18) 


70.25 


(19) 


73 


(20) 


74 


(21) 


81 



(2) 


101 


(3) 


102 


(4) 


103 


(5) 


104 


(6) 


105 


(7) 


106 


(8) 


107 


(9) 


108 


(10) 


109 



PROPOSED RULES 



Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers 

Acidified Foods 

Frozen Raw Breaded Shrimp 

Processing and Bottling of Bottled Drinking Water (Except as amended by 2 NCAC 

9C .0700 - Bottled Water) 

Food Standards: General 

Milk and Cream 

Cheeses and Related Cheese Products 

Frozen Desserts 

Bakery Products 

Cereal Flours and Related Products 

Macaroni and Noodle Products 

Canned Fruits 

Canned Fruit Juices 

Fruit Butters, Jellies, Preserves, and Related Products 

Fruit Pies 

Canned Vegetables 

Vegetable Juices 

Frozen Vegetables 

Eggs and Egg Products 

Fish and Shellfish (Except Section 161.30 and 161.130 through 161.145) 

Cacao Products 

Tree Nut and Peanut Products 

Nonalcoholic Beverages 

Margarine 

Sweeteners and Table Syrups 

Food Dressings and Flavorings 

Food Additives 

Food Additives Permitted for Direct Addition to Food for Human Consumption 

Secondary Direct Food Additives Permitted in Food for Human Consumption 

Indirect Food Additives: General 

Indirect Food Additives: Adhesive Coatings and Components 

Indirect Food Additives: Paper and Paperboard Components 

Indirect Food Additives: Polymers 

Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers 

Irradiation in the Production, Processing and Handling of Food 

Food Additives Permitted in Food on an Interim Basis or in Contact with Food 

Pending Additional Study 

Prior-Sanctioned Food Ingredients 

Substances Generally Recognized as Safe 

Direct Food Substances Affirmed as Generally Recognized as Safe 

Indirect Food Substances Affirmed as Generally Recognized as Safe 

Substances Prohibited from Use in Human Food 

Tolerances for Pesticides in Food Administered by the Envirormiental Protection 

Agency 
Copies of the Code of Federal Regulations may be obtained from the Superintendent of Documents, 
Government Printing Office, Washington, DC 20402, at a cost determined by that office. 

(g) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) the following parts and subparts of 
the Code of Federal Regulations, Title 21, Subchapter C (Drugs: General) as promulgated by the 
Commissioner of the Food and Drug Administration under the authority of the Federal Food, Drug, and 
Cosmetic Act: 



(12) 


113 


(13) 


114 


(14) 


123 


(15) 


129 


(16) 


130 


(17) 


131 


(18) 


133 


(19) 


135 


(20) 


136 


(21) 


137 


(22) 


139 


(23) 


145 


(24) 


146 


(25) 


150 


(26) 


152 


(27) 


155 


(28) 


156 


(29) 


158 


(30) 


160 


(31) 


161 


(32) 


163 


(33) 


164 


(34) 


165 


(35) 


166 


(36) 


168 


(37) 


169 


(38) 


170 


(39) 


172 


(40) 


173 


(41) 


174 


(42) 


175 


(43) 


176 


(44) 


177 


(45) 


178 


(46) 


179 


(47) 


180 


(48) 


181 


(49) 


182 


(50) 


184 


(51) 


186 


(52) 


189 


(53) 


193 



Part Subject of Part 

(1) 200 General 

(2) 201 Labeling 



9:23 NORTH CAROLINA REGISTER March 1, 1995 1965 



PROPOSED RULES 



(3) 


202 


(4) 


210 


(5) 


211 


(6) 


225 


(7) 


226 


(8) 


250 


(9) 


290 


(10) 


299 



Prescription Drug Advertising 

Current Good Manufacturing Practices in Manufecturing, Processing, Packing or 

Holding of Drugs; General 

Current Good Manufecturing Practice for Finished Pharmaceuticals 

Current Good Manufecturing Practice for Medicated Feeds 

Current Good Manufecturing Practice for Medicated Premixes 

Special Requirements for Specific Human Drugs 

Controlled Drugs 

Drugs; Oflicial Names and Established Names 
(h) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) the following parts and subparts of 
the Code of Federal Regulations, Title 21, Subchapter D (Drugs for Human Use) as promulgated by the 
Commissioner of the Food and Drug Administration under the authority of the Federal Food, Drug, and 
Cosmetic Act: 

Subject of Part 

General 

New Drugs 

New Drugs for Investigational Use 

New Drug Applications 

Bioavailability and Bioequivalence Requirements 

Habit-Forming Drugs 

Over-the-Counter (OTC) Human Drugs Which Are Generally Recognized as Safe and 

Effective and Not Misbranded 

Antacid Products for Over-the-Counter (OTC) Human Use 

Antiflatulent Products for Over-the-Counter Human Use 

Prescription Drugs for Human Use Generally Recognized as Safe and Effective and 

Not Misbranded: Drugs Used in Research 

Interpretive Statements Re: Warnings on Drugs and Devices for Over-the-Counter Sale 

Drugs Composed Wholly or Partly of Insulin 

Antibiotic Drugs: General 

Certification of Antibiotic Drugs 

Packaging and Labeling of Antibiotic Drugs 

Exemptions from Antibiotic Certification and Labeling Requirements 

Tests and Methods of Assay of Antibiotic and Antibiotic-Containing Drugs 

Penicillin Antibiotic Drugs 

Cepha Antibiotics 

Oligosaccharide Antibiotic Drugs 

Tetracycline Antibiotic Drugs 

Peptide Antibiotics 

Antifungal Antibiotics 

Antitumor Antibiotic Drugs 

Macrolide Antibiotic Drugs 

Lincomycin Antibiotic Drugs 

Certain Other Antibiotic Drugs 

Antibiotic Drugs Intended for Use in Laboratory Diagnosis of Disease 
(i) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) the following parts and subparts of 
the Code of Federal Regulations, Title 21, Subchapter H (Medical Devices) as promulgated by the 
Commissioner of the Food and Drug Administration under the authority of the Federal Food, Drug, and 
Cosmetic Act: 

Subject of Part 
In Vitro Diagnostic Products for Human Use 
Investigational Device Exemptions 
Investigational Exemptions for Intraocular Lenses 
Good Manufecturing Practices for Medical Devices: General 



1966 NORTH CAROLINA REGISTER March 1, 1995 9:23 





Part 


(1) 


300 


(2) 


310 


(3) 


312 


(4) 


314 


(5) 


320 


(6) 


329 


(7) 


330 


(8) 


331 


(9) 


332 


(10) 


361 


(11) 


369 


(12) 


429 


(13) 


430 


(14) 


431 


(15) 


432 


(16) 


433 


(17) 


436 


(18) 


440 


(19) 


442 


(20) 


444 


(21) 


446 


(22) 


448 


(23) 


449 


(24) 


450 


(25) 


452 


(26) 


453 


(27) 


455 


(28) 


460 





Part 


(1) 


809 


(2) 


812 


(3) 


813 


(4) 


820 



PROPOSED RULES 



(5) 


860 


(6) 


861 


(7) 


870 


(8) 


882 


(9) 


884 


(10) 


895 



Medical Device Classification Procedures 

Procedures for Performance Standards Development 

Cardiovascular Devices 

Neurological Devices 

Obstetrical and Gynecological Devices 

Banned Devices 

(j) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) the following parts and subparts of 
the Code of Federal Regulations, Title 21, Subchapter E (Animal Drugs, Feeds, and Related Products) as 
promulgated by the Commissioner of the Food and Drug Administration under the authority of the Federal 
Food, Drug, and Cosmetic Act: 

Subject of Part 

General 

Animal Food Labeling 

Common or Usual Names for Nonstandardized Animal Foods 

Interpretive Statements Re: Warnings on Animal Drugs for Over-the-Counter Sale 

Thermally Processed Low-Acid Animal Foods Packaged in Hermetically Sealed 

Containers 

Emergency Permit Control 

Unavoidable Contaminants in Animal Food and Food-F^ckaging Material 

New Animal Drugs 

New Animal Drugs for Investigational Use 

New Animal Drug Applications 

Oral Dosage Form New Animal Drugs Not Subject to Certification 

Implantation of Injectable Dosage Form New Animal Drugs Not Subject to Certifica- 
tion 

Ophthalmic and Topical Dosage Form New Animal Drugs Not Subject to Certification 

Intramammary Dosage Forms Not Subject to Certification 

Certain Other Dosage Form New Animal Drugs Not Subject to Certification 

Tests for Specific Antibiotic Dosage Forms 

Bulk Antibiotic Drugs Subject to Certification 

Penicillin Antibiotic Drugs for Animal Use 

Oligosaccharide Certifiable Antibiotic Drugs for Animal Use 

Tetracycline Antibiotic Drugs for Animal Use 

Certifiable Peptide Antibiotic Drugs for Animal Use 

Chloramphenicol Drugs for Animal Use 

Tolerances for Residues of New Animal Drugs in Food 

New Animal Drugs for Use in Animal Feeds 

Tolerances for Pesticides in Animal Feeds Administered by the Environmental 

Protection Agency 

Definitions and Standards for Animal Food 

Food Additives 

Food Additives Permitted in Feed and Drinking Water of Animals 

Substances Generally Recognized as Safe 
(k) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) the following parts and subparts of 
the Code of Federal Regulations, Title 2 1 , Subchapter G (Cosmetics) as promulgated by the Commissioner 
of the Food and Drug Administration under the authority of the Federal Food, Drug, and Cosmetic Act: 

Part Subject of Part 

General 

Cosmetic Labeling 

Voluntary Filing of Cosmetic Product Ingredient and Cosmetic Raw Material 
Composition Statements 

Voluntary Filing of Cosmetic Product Experiences 
Cosmetic Product Warning Statements 



9:23 NORTH CAROLINA REGISTER March I, 1995 1967 





Part 


(1) 


SOO 


(2) 


SOI 


(3) 


S02 


(4) 


505 


(5) 


507 


(6) 


508 


(7) 


509 


(8) 


510 


(9) 


511 


(10) 


514 


(11) 


520 


(12) 


522 


(13) 


524 


(14) 


526 


(15) 


529 


(16) 


536 


(17) 


539 


(18) 


540 


(19) 


544 


(20) 


546 


(21) 


548 


(22) 


555 


(23) 


556 


(24) 


558 


(2S) 


561 


(26) 


564 


(27) 


570 


(28) 


573 


(29) 


582 



(1) 


700 


(2) 


701 


(3) 


720 


(4) 


730 


(5) 


740 



PROPOSED RULES 



Day Week 



(1) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) "Tolerances and Exemptions from 
Tolerances for Pesticide Chemicals in or on Raw Agricultural Commodities," 40 C.F.R. Part 180. 

(m) The Board adopts by reference in accordance with G.S. 150B-14(c) "Definitions and Standards of 
Identity or Composition for Meats, Meat By-products, and Meat Food Products," 9 C.F.R. Part 319. 

(n) The Board adopts by reference in accordance with G.S. 1 SOB- 14(c) "Definitions and Standards of 
Identity or Composition for Poultry and Poultry Products," 9 C.F.R. Sections 381. ISS through 381.170. 

(0) The Board adopts by reference, including subsequent amendments. Title 9, Part 317.2(1) of the Code 
of Federal Regulations. A copy of this material may be obtained at no cost from the Food and Drug 
Protection Division of the Department of Agriculture. 

(p) The Board adopts by reference, including subsequent amendments. Title 9. Part 381.12S(b) of the Code 
of Federal Regulations. A copy of this material may be obtained at no cost from the Food and Drug 
Protection Division of the Department of Agriculture. 

Statutory Authority G.S. 106-139; 106-267; 106-267.2. 

CHAPTER 43 - MARKETS 

SUBCHAPTER 43L - MARKETS 

SECTION .0200 - FEES: CHARLOTTE FARMERS MARKET 

.0202 GATE FEES 

The following gate fees shall be paid upon entering the market: 

(1) Retail Shed A 

(a) March through December 

(b) January through February 

(c) May March through S e ptember December - Saturdays only 

(d) North Carolina farmers shall not be subject to the charges set 
forth in Sub-item (l)(c) of this Rule. 

(e) Out of state sellers 

(2) Retail Building B 

(a) March through September 

(b) October through February 

(c) M^ March through September December - Saturdays only 

(d) North Carolina farmers shall not be subject to the charges set 
forth in Sub-item (2)(c) of this Rule. 

(e) Out of state sellers 

(3) Retail Building C 

(4) Eighteen Wheelers 

(5) Deliveries 

(6) Truckers Shed 

Statutory Authority G.S 106-22; 106-530. 

SECTION .0300 - FEES: WESTERN NORTH CAROLINA HORSE AND 
LIVESTOCK FACILITY FEE SCHEDULE 

.0304 HORSE FACILITY 

(a) Fees for non-livestock events are as follows: 

(1) Fees for use of the show arena are si* eight hundred dollars ($600.00) ($800.00) per show day or 
ten percent of the gate, whichever is greater, provided that for the show arena to be opened before 
7:(X) a.m. or after midnight requires an additional fee of fifty dollars ($S0.00) per hour or part 
thereof for a maximum of thr ee four hundred dollars ($300.00) ($400.00) . 

(2) Fees for use of the covered practice ring shall be three hundred dollars ($3(X).0O) per day, provided 



$6.00 


$ 3#t00 30.00 


S.OO 




7.00 




10.00 




7.00 


30.00 


7.00 


25.00 


10.00 




10.00 




S.OO 




8.00 




4.00 




6.00 





1968 NORTH CAROLINA REGISTER March 1, 1995 9:23 



PROPOSED RULES 



that it is used in conjunction witii the show arena. 

(3) Fees for use of the covered arena and office shall be five hundred dollars ($500.00) per day or ten 
percent of the gate, whichever is greater, provided that for the covered arena and office to be 
opened before 7:00 a.m. or after midnight requires an additional fee of fifty dollars ($50.00) per 
hour or part thereof for a maximum of two hundred and fifty dollars ($250.00). 

(4) The open practice rings shall be rented at the ground rental rate as set forth in Rule .0305(e) of this 
Section. 

(5) A twenty-five dollar ($25.00) fee shall be charged for any electrical connection to facility power 
outlets. 

(6) The fees set forth in Paragraph (b) of this Rule shall apply to any activity not specifically covered 
under this Paragraph. 

(b) Fees for livestock events are as follows: 

(1) Fees for use of the show arena are five six hundred and fifty dollars ($500.00) ($650.00) per show 
day or ten percent of the gate, whichever is greater; provided that for the show arena to be opened 
before 6tW 7:00 a.m. or after midnight requires an additional fee of fifty dollars ($50. (X)) per hour 
or part thereof for a maximum of twe three hundred and fifty dollars ($250.00) ($350.00) . Rental 
of the show arena shall include the covered practice ring. The open practice ring adjacent to show 
arena may be rented for one hundred dollars ($100.00) per show day provided it is used in 
conjunction with the show arena. This ring may be rented separately for two hundred dollars 
($2(X).00) per show day, provided it does not interfere with an event taking place in the show 
arena. 

(2) Fees for use of the covered arena and office shall be four hundred dollars ($400.00) per day or ten 
percent of the gate, whichever is the greater, provided that for the covered arena and office to be 
opened before 7:00 a.m. or after midnight requires an additional fee of fifty dollars ($50.00) per 
hour or part thereof for a maximum of two hundred dollars ($200.00). Rental of the covered arena 
and office includes the opened practice ring adjacent to the covered arena and office. 

(3) Fees for stalls are as follows: 

Days Fees 

(A) 1 $12.00; 

(B) 2 $20.00; 

(C) 3 $26.00; 

(D) 4 $32.00; 

(E) 5 $36.00; 

(F) $3.00 per additional day thereafter. 

(4) Agricultural youth organizations may receive a 50 percent discount for stall rentals and a 25 
percent discount on show arena rental when participation is restricted to youth. Educational clinics 
and seminars may receive a 50 percent discount on show arena and covered practice ring rates 
when left in clean condition. The Agricultural Center Manager will decide what qualifies as 
educational clinics and seminars. 

(5) A fee of seventy-five dollars ($75.00) per day is required for use of the fecility's jumps. 

(6) A fee of twenty-five dollars ($25.00) per hour is required for use of the facility's motorized 
grounds equipment. Fee shall include operator. 

(7) Fees for use of the facility's office equipment, if available, is charged on an expense incurred basis. 

(8) Fees for security and other support services at any event are charged on a cost plus ten percent 
basis. The need for security is to be determined by facility management in consultation with show 
management. 

(9) A fee of ten dollars ($10.00) per night is required for any camper parking overnight on facility 
grounds. Any horse trailer connected to a power outlet at the fecility will be charged the same fee 
as a camper. 

(10) Miscellaneous horse facility equipment is available according to the following fee schedule: 

(A) metal livestock panels - three dollars ($3.00) each per show; 

(B) small livestock panels - one dollar ($1 .00) per panel or if installed, four dollars ($4.00) per pen; 

(C) center ring set-up - thirty-five dollars ($35.00); 

(D) removal of end gates - fifty dollars ($50.00); 



$10.00 minimum for youth show; 



and 



9:23 NORTH CAROLINA REGISTER March I, 1995 1969 



PROPOSED RULES 



(E) ferm wagon for staging - twenty-five dollars ($25.00) each; 

(F) chairs - forty cents ($0.40) each per day; 

(G) tables - two dollars ($2.00) each per day; 

(H) paper table coverings - thirty-five cents ($0.35) each; 

(I) portable PA system - twenty-five dollars ($25. (X)) per event; 

(J) wireless mike system - twenty-five dollars ($25. (X)) (batteries not included); 
(K) 9 volt batteries - one dollar ($1.00) each; 
(L) podium - ten dollars ($10.(X)) per day; 
(M) projection screen - ten dollars ($10. (X)) per day; 
(N) slide projector - thirty dollars ($30.00) per day; 
(O) two-way radio - twenty-five dollars ($25.00); 
(P) VHF hand held transceiver - six dollars ($6.00) each per day. 

(11) A fee of twenty-five dollars ($25. (X)) per concessionaire is required. 

(12) A lessee must have prior approval of the Agricultural Center Manager before catering services will 
be allowed on the grounds. A fifty dollar ($50.00) fee is charged for catering services that serve 
no more than 200 plates. For each plate served in excess of 200 plates, a fee of thirty-five cents 
($0.35) per plate shall be charged. 

(13) Auditing of ticketed events: seven dollars ($7.(X)) per hour for ticket sellers, six dollars ($6.(X)) per 
hour for ticket takers and securing doors and ten percent administrative charge. 

(14) There will be a charge of ten dollars ($10. (X)) per hour for the fecility to be opened with minimum 
lighting after 5:00 p.m. the day prior to a show event. 

Statutory Authority G.S. 106-22; 106-530. 

SECTION .0700 - FEES - PIEDMONT TRIAD FARMERS MARKET 

.0701 PAYMENT OF FEES 

All persons using the Piedmont Triad Farmers Market shall pay the fees set forth in this Section. 

Statutory Authority G.S 106-22; 106-530. 

.0702 GATE FEES 

The following gate fees shall be paid upon entering the market: 



(1) 


Farmers Area - Wholesale: 






la] 


all vehicles less than one ton 


$ 


6.00 per space per day 


(b) 


trucks - one ton through six wheel straight truck 




7.(X) per space per day 


M 


trucks - 10 wheel (one space) 




8.00 per space per day 


(d) 


trucks - tractor trailer 




10. (X) per space per day 


M 


trailers 




6.(X) per space per day 


(2) 


Farmers Area - Retail: 






M 


January through December 


S 


6.(X) per space per day 


(b) 


Off'-season holding fee of seventv-five dollars ($75.00) applies to 
only Christmas tree sellers. 






M 


Sellers of out-of-state products shall pay double the above fees. 






(3) 


Building F (Retail): January through December 


S 


7.00 per space per day 


(4) 


Building D (Truckers) - Excluding Farmers Area: 






ia) 


wholesale daily fees: 








(i) all vehicles through six wheel straight truck 




$ 8.00 




(ii) trucks - 10 wheel, tractor trailer 




12.00 


rb) 


wholesale by month: 








(i) one to four months 




125.00 




(ii) five months and over 




100.00 


(5) 


Delivery Fees: Wholesale Dealers, Building D, Garden Center: 






la} 


all vehicles through six wheel: 








less than 50 packages 




% 1.00 


1970 


NORTH CAROLINA REGISTER March 1, 


1995 9:23 



PROPOSED RULES 



51-300 packages 
301 or more packages 
(b) 10 wheel tractor trailers: 
less than 100 packages 
101-500 packages 
501 or more packages 
(6) Delivery fees for the Retail Building shall be the same as for the farmers area 



3.00 
4.00 

3.00 
5.00 
7.00 



wholesale. 



Statutory Authority G.S. 106-22; 106-530. 

CHAPTER 45 - NORTH CAROLINA 

CROP AND LIVESTOCK REPORTING 

SERVICE 

.0001 PROGRAM COORDINATION 

{a) — Th e North Carolina Crop and Liv e otook 
Reporting S e rvic e op e rat e s in aooordano e with the 
U.S. Crop R e porting Board by m e ano of a ooopor 
ativo agre e m e nt with th e United States Dopartmont 
of Agricultur e in ord e r to formulat e tho North 
Carolina Crop and Liv e stock R e porting S e rvic e 
Program and adopts th e following by r e f e renoo: 

^ 7 U.S.C. Ilia, 175 and 176 and all 

r e gulations promulgat e d th e r e under; 

(3) Unit e d Stat e s D e partm e nt of Agrioul 

tur e r e gulations 1 A.R. 325 33 4 and 
530 531; 

f^) 1 8 U.S.C. 1902, 1905 and 2072. 

{fe) — Tho program also provid es oomprohonsivo 
agricultural statistical information on a county by 
county basis for th e Stat e of North Carolina. 

Statutory Authority G. S. 106-24. 

.0002 PROGRAM OPERATION 

The — following are — adopt e d — ^i — r e f e r e nce — fef 
purposes of program op e ration: 

(i^ "Scop e and M e thods of th e Statistical 

R e porting S e P i 'ioe," Misc e llan e ous Publi 
cation No. 130 8 , Unit e d Stat e s D e part 
m e nt of Agricultur e , and all Adminiotra 
tive and T e chnical T e mporary Directives 
supplem e nting th e main volume; 



m- 



"Crop R e porting Board Cal e ndar," Statis 
tieaJ — R e porting Service, — Unit e d States 
Department of Agriculture. 



Statutory Authority G.S. 106-24. 

TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

jyiotice is hereby given in accordance with G.S. 
1503-21. 2 that the Division of Facility Services 



intends to amend rule cited as 10 NCAC 3E . 0304. 

1 he proposed effective date of this action is July 
1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on April 7, 1995 at the Council Building, 701 
Barbour Drive, Room 201, Raleigh, N.C. 

Jxeason for Proposed Action: To ensure patients 
are adequately informed upon admission about the 
facility's services, physician admitting privileges 
and grievance process. 

(comment Procedures: All written comments must 
be submitted to Jackie Sheppard, APA Coordina- 
tor, Division of Facility Services, P.O. Box 29530, 
Raleigh, N.C. 27626-0530, telephone (919) 733- 
2342, up to and including April 7, 1995. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3E - CERTIFICATIONS 
OF CLINICS FOR ABORTION 

SECTION .0300 - ADMINISTRATION 

.0304 ADMISSION AND DISCHARGE 

(a) There shall be on the premises throughout all 
hours of operation an employee authorized to 
receive patients and to make administrative deci- 
sions on their disposition. 

(b) All patients shall be admitted only under the 
care of a physician who is currently licensed to 
practice medicine in North Carolina. 

(c) Any patient not discharged within 12 hours 
following the abortion procedure shall be trans- 
ferred to a general hospital. 

(d) Th e facility shall molc e availabl e in writing 
to all pati e nts upon admission th e following Fol- 
lowing admission and prior to obtaining the con- 
sent for surgery required by Rule .0305(a) of this 
Section, representatives of the clinic's management 



9:23 



NORTH CAROLINA REGISTER 



March I, 1995 



1971 



PROPOSED RULES 



shall provide to each patient the following informa- 
tion: 

(1) A fee schedule and any extra charges 
routinely applied; 

(2) The name of the attending phvsician(s) 
and hospital admitting privileges, if 
any, hi the absence of admitting privi- 
leges a statement to that effect shall be 
included; 

(3) (5)Instructions for post-procedure emer- 
gencies as outlined in Rule .0313(d) of 
this Section ; 

{4} {^Grievance procedures a patient may 
follow if dissatisfied with the care and 
services rendered; and 

(5) {4)The telephone number of the Com- 
plaints Investigation Branch of the 
Division. 

StatuWry Authority G.S. 14-45.1 (a). 

****************** 

lyiotice is hereby given in accordance with G.S. 
150B-21.2 that the DHR/Division of Medical 
Assistance intends to amend rule cited as 10 NCAC 
26H .0401. 

1 he proposed effective date of this action is June 
1, 1995. 

1 he public hearing will be conducted at 1:30 
p.m. on March 31, 1995 at the North Carolina 
Division of Medical Assistance, 1985 Umstead 
Drive, Room 132, Raleigh, NC. 

MXeason for Proposed Action: To create more 
equity and consistency in physician 's payments. 

y^omment Procedures: Written comments con- 
cerning this rule-making action must be submitted 
by March 31, 1995 to: Division of Medical Assis- 
tance, 1985 Umstead Drive, Raleigh, NC 27603, 
ATTN: Portia Rochelle. APA Coordinator Oral 
comments may be presented at the hearing. In 
addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT 
PLANS 



SECnON .0400 - PROVIDER FEE 
SCHEDULES 

.0401 PHYSICIAN'S FEE SCHEDULE 

Effective January — h — 1993 January \^ 1995 . 
physicians' services whether furnished in the 
office, the patient's home, a hospital, a nursing 
facility or elsewhere will be reimbursed based on 
the North Carolina Medicaid Fee Schedule^ except 
for payments to the various Medical Faculty 
Practice Plans of the University of North Carolina- 
Chapel Hill and East Carolina University which 
will be reimbursed at cost and cost settled at year 
end . The North Carolina Medicaid Fee Schedule is 
based on the Medicare Fee Schedule R e oouroce 
Resource Based Relative Value System (RBRVS), 
( 4 2 CFR ports 105, 413, and 415) in effect in 
fiscal year 1993. but with the following clarifica- 
tions and modifications: 

(1) A maximum fee is established for each 
service and is applicable to all specialties 
and settings in which the service is ren- 
dered. Payment is equal to the lower of 
the maximum fee or the providers cus- 
tomary charge to the general public for 
the particular service rendered. 

(2) Fees are established on a statewide basis 
using the Medicare Geographic Practice 
Cost Indices for the North Carolina urban 
looolity . 

(3) There will be no transition period in 
applying the Medicaid fees whereas 
Medicare has a five year phase-in period. 

(4) Annual Changes in the Medicaid pay- 
ments will be applied each January 1 
based on M e dicare updates through July 
1 of th e previous oolondor y e ar and fee 
increases will be applied based on the 
forecast of th e forcasted Gross National 
Product(GNP) Implicit Price Deflator. 
Said annual changes in the Medicaid 
payments shall not exceed the percentage 
increase granted by the North Carolina 
General Assembly. 

(5) Fees for services deemed to be associated 
with adequacy of access to health care 
services may be increased based on ad- 
ministrative review. The service must be 
essential to the health needs of the Med- 
icaid recipients, no other comparable 
treatment available and a fee adjustment 
must be necessary to maintain physician 
participation at a level adequate to meet 
the needs of Medicaid recipients. 

(6) Fees for new services are established 



1972 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



based on this Rule^^ utilizinE the most 
recent RBRVS. if applicable. If there is 
no relative value unit (RVU) available 
from Medicare, fees will be established 
based on the fees for similar services. If 
there is no RVU or similar service, the 
fee will be set ef at 75 percent of the 
provider's customary charge to the gener- 
al public. 
This reimbursement limitation shall become effec- 
tive in accordance with the provisions of G.S. 
108A-55(c). 

Statutory Authority G.S. 108A-25(b). 

TITLE 13 - DEPARTMENT OF 
LABOR 

jy/otice is hereby given in accordance with G.S. 
150B-21.2 that the NC Dept of 
Labor /Occupational Safety & Health Division 
intends to amend rule cited as 13 NCAC 07A 
.030L 

1 he proposed effective date of this action is June 
L 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on March 21, 1995 at the NC Department of 
Labor/OSH, 319 Chapanoke Road, Suite 105, 
Raleigh, NC 27603-3432. 

MXeason for Proposed Action: To bring incorpo- 
rated federal OSHA rules into compliance with 
recent federal changes to the same standards. 

K^omment Procedures: Persons wanting to pres- 
ent oral testimony at the public hearing should 
provide a written statement of the proposed testi- 
mony to the Division three (3) business days prior 
to the hearing. Written comments will be accepted 
until March 31 , 1995. Direct all correspondence 
to Jill F. Cramer, NCDOL/OSHA, 319 Chapanoke 
Road, Suite 105, Raleigh, NC 27603-3432. 

CHAPTER 7 - OFFICE OF 

OCCUPATIONAL SAFETY AND 

HEALTH 

SUBCHAPTER 7A - GENERAL RULES 
AND OPERATIONAL PROCEDURES 



SECTION .0300 - PROCEDURES 

.0301 INCORPORATION BY REFERENCE 

(a) The provisions for Occupational Safety and 
Health Act Operational Procedures - Inspections, 
Citations and Proposed Penalties - contained in 29 
CFR 1903; Recording and Reporting Occupational 
Injuries and Illnesses - contained in 29 CFR 1904; 
Consultative Agreements - contained in 29 CFR 
1908; and Rules Concerning OSHA Access to 
Employee Medical Records - contained in 29 CFR 
1913.10, have been incorporated by reference in 
accordance with G.S. 150B-21.6 except that where 
applicable: 

(1) All references to the Williams-Steiger 
Occupational Safety and Health Act of 
1970 (84 Stat. 1590 et seq., 29 U.S.C. 
65 1 et seq) shall mean the Occupational 
Safety and Health Act of North Caroli- 
na, G.S. 95, Article 16; 

(2) All references to the Occupational 
Safety and Health Review Commission 
shall mean the Safety and Health Re- 
view Board as established in G.S. 95- 
135; 

(3) All references to Area Offices of the 
Occupational Safety and Health Admin- 
istration, U.S. Department of Labor, 
shall mean the North Carolina Depart- 
ment of Labor, Division of Occupation- 
al Safety and Health (or OSHA), the 
name used to denote the office of occu- 
pational safety and health; 

(4) All references to the Secretary or Assis- 
tant Secretary shall mean the Commis- 
sioner of the North Carolina Depart- 
ment of Labor or his authorized repre- 
sentative; 

(5) All references to Area Director, Re- 
gional Administrator, or Assistant 
Regional Director shall mean the Direc- 
tor of the Division of Occupational 
Safety and Health (North Carolina 
Department of Labor) or his authorized 
representative; 

(6) All references to Regional Solicitor or 
Solicitor of Labor shall mean the Attor- 
ney General, Labor Division, North 
Carolina Department of Justice; 

(7) All references to Compliance Officers 
shall mean State compliance safety and 
health officers; 

(8) All references to the Federal Rules of 
Civil Procedure shall mean the North 
Carolina Rules of Civil Procedure; 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1973 



PROPOSED RULES 



(9) Within 29 CFR 1903.14, "Citations; 
notices of de minimis violations", any 
reference to a notice of de minimis 
violations is deleted as North Carolina 
does not have a procedure for issuance 
of a notice or citation with respect to de 
minimis violations which have no direct 
or immediate relationship to safety or 
health; 

(10) 29 CFR 1903.14a(c)(l) which requires 
the posting of a petition for modifica- 
tion for a period of 10 working days 
shall be for a period of 15 working 
days, and 29 CFR 1903.14a(c)(2) 
which refers to the failure to file an 
objection within 10 working days of the 
date of posting shall be 15 working 
days of the posting; 

(11) 29 CFR 1903.21 1903.22 . 
"Definitions", is not incorporated; 

(12) 29 CFR 1908 shall be applicable to 
private sector consultations, and shall 
be used as guidance for consultations to 
state and local governments in North 
Carolina under the State Plan; 

(A) All references to OSHA enforcement 
authority shall mean State OSHA 
compliance; 

(B) All references in 29 CFR 1908 which 
allow employers exemption from 
general schedule OSHA enforcement 
inspections shall mean programmed 
safety inspections; employers shall be 
exempt from programmed safety 
inspections for one year from the 
satisfactory completion of abatement 
of all hazards identified by the 
Consultant if the required elements of 
an effective safety and health program 
are in place. Applicable to 29 CFR 
1908.5(a)(3) and 29 CFR 
1908.7(b)(4); 

(C) In 29 CFR 1908.7(b)(1) the second 
sentence shall read: "An on-site con- 
sultative visit shall be considered in 
progress in relation to the working 
conditions, hazards, or situations 
covered by the request from the be- 
ginning of the opening conference 
through the end of the closing confer- 
ence and completion of abatement for 
hazards identified, except that for 
periods which exceed 30 days from 
the initiation of the opening confer- 
ence, the Director may determine that 



the inspection will proceed." 
(b) The Code of Federal Regulations incorporat- 
ed by reference in this Subchapter shall automati- 
cally include any subsequent amendments thereto 
as allowed by G.S. 150B-21.6. 

Statutory Authority 95-133; 150B-21.6. 

ISotice is hereby given in accordance with G.S. 
150B-21.2 that the NC Department of Labor, 
Division of Occupational Safety & Health intends 
to adopt rules cited as 13 NCAC 07A .0801 - 
.0804. 

Ihe proposed effective date of this action is June 
1. 1995. 

1 he public hearing will be conducted at 2:00 
p.m. on March 21, 1995 at the NC Department of 
Labor fOSH, 319 Chapanoke Road, Suite 105, 
Raleigh, NC 27603-3432. 

Ixeason for Proposed Action: To adopt rules to 
outline the informal coirference procedure. 

(comment Procedures: Persons wanting to make 
an oral presentation at the public hearing should 
provide a written statement of the proposed testi- 
mony to the Division 3 business days prior to the 
hearing. Written comments will be accepted until 
March 31, 1995. Direct all correspondence and 
questions to Jill F. Cramer, NCDOL/OSHA, 319 
Chapanoke Road, Suite 105, Raleigh, NC 27603- 
3432. These Rules does not require local or state 
fund expenditure. 

CHAPTER 7 - OSHA 

SUBCHAPTER 7A - GENERAL RULES 
AND OPERATIONAL PROCEDURES 

SECTION .0800 - INFORMAL 
CONFERENCE PROCEDURES 

.0801 PURPOSE 

This Section sets forth the rules of procedure for 
implementation of G.S. 95- 137(b)(1) regarding m 
employer's request for an informal conference 
following the issuance of a citation to that employ- 
er. 



1974 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



Statutory Authority G.S. 95-133; 95-137. 

.0802 TIME LIMITATIONS 

(a) An employer has 15 working days from 
receipt of a citation to notify the Director in 
writing that the employer wishes to either contest 
under the provisions of G.S. 95-137(b)(l) or 
request an informal conference. 

(b) The Director shall attempt to schedule the 
informal conference within the 15 working day 
contestment period. However, if the receipt of the 
request for an informal conference does not allow 
for the scheduling of the informal conference 
within the \5 working day contestment period, an 
additional 5 working days may be allowed in 
which to hold the informal conference. 

(c) No more than 20 working days from the date 
of the employer's receipt of the citation shall be 
allowed in which to conduct an informal confer- 
ence and notify the employer of the results. 

(d) If an employee contests an abatement period 
or files a motion with the Occupational Safety and 
Health Review Board, no pre-contestment informal 
conference may be held. 



.0803 PARTIES TO ESfTORMAL 
CONFERENCE 

In addition to any employer representatives and 
any OSHA personnel, employees represented by a 
bargaining agent will be notified of the informal 
conference and invited to attend . Employees not 
represented by a bargainin g agent will be notified 
through the posting of a notice of the informal 
conference, and representatives of such employees 
will be allowed to attend the conference at the 
discretion of the Director. 

Statutory Authority G.S. 95-133; 95-137. 



RESULTS OF INFORMAL 
CONFERENCE 

The results of an informal conference shall 



Statutory Authority G.S. 95-133; 95-137. 



.0804 

(a) 

be a revised citation, a notice of no change or a 
settlement agreement. 

£b) Any settlement agreement reached pursuant 
to the informal conference must specify that the 
employer agrees not to contest the citation or 
agreed upon penalty. 

Statutory Authority G.S. 95-133; 95-137. 









jyiotice is hereby given in accordance with G.S. 150B-21.2 that the NC Department of Labor, Division of 
Occupational Safety & Health intends to amend rule cited as 13 NCAC 07F .0201. 

J. he proposed effective date of this action is June 1 , 1995. 

1 he public hearing mil be conducted at 10:00 a.m. on March 16, 1995 at the NC Department ofLabor/OSH, 
319 Chapanoke Road, Suite 105, Raleigh, NC 27603-3432. 

Jxeason for Proposed Action: To make a conforming amendment to Subpart M, Fall Protection, and to a 
make a technical correction to Subpart Z. 

L^omment Procedures: Persons wanting to make an oral presentation at the public hearing should provide 
a written statement of the proposed testimony to the Division three business days prior to the hearing. Written 
comments will be accepted until March 31 , 1995. Direct all correspondence & questions to Jill Cramer, 319 
Chapanoke Rd. , Suite 105, Raleigh, NC 27603-3432. 

1 his Rule affects the expenditures or revenues of local funds. A fiscal note was submitted to the Fiscal 
Research Division on February 15, 1995, OSBM on February 15, 1995, N.C. League of Municipalities on 
February 15, 1995, and N.C. Association of County Commissioners on February 15, 1995. 

CHAPTER 7 - OSHA 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1975 



PROPOSED RULES 



SUBCHAPTER 7F - STANDARDS 
SECTION .0200 - CONSTRUCTION STANDARDS 

.0201 CONSTRUCTION 

(a) The provisions for the Occupational Safety and Health Standards for Construction, Title 29 of the Code 
of Federal Regulations Part 1926 as of August 2, 1993, are incorporated by reference except as follows: 

(1) Subpart C ~ General Safety and Health Provisions — Personal protective equipment, §1926. 28(a) 
is amended to read as follows: "(a) The employer is responsible for requiring the wearing of 
appropriate personal protective equipment in all operations where there is an exposure to hazardous 
conditions or where this part indicates the need for using such equipment to reduce the hazards to 
the employees." 

(2) Subpart D — Occupational Health and Environmental Controls — incorporation by reference of 
modified final rule for 29 CFR 1926.59, Hazard Communication, including Appendices A through 
E, published in 59 FR (February 9, 1994) pages 6170 - 6184 except that 1926. 59(b) (6) (ii) is 
amended to read: 

"(ii) Any hazardous substance as such term is defined by the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601 et seq), when regulated 
as a hazardous waste under that Act by the Environmental Protection Agency;" 

(3) Subpart Z — Toxic and Hazardous Substances -- incorporation of the existing standard for 
Bloodbome Pathogens, 29 CFR 1910.4^30 1130 . excluding subparagraph (e) HIV and HBV Re- 
search Laboratories and Production Facilities, into the Safety & Health Regulations for 
Construction at 29 CFR 1926.1030. Final rule as published in 56 FR (December 6, 1991) pages 
64175 - 64182, including Appendix A — Hepatitis B Vaccine Declination (Mandatory) — with 
corrections as published in 57 FR (July 1, 1992) page 29206, and with the following revision to 
the definition of Occupational Exposure under subsection (b) Definitions: 

"Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral 
contact with blood or other potentially infectious materials that may result from the performance 
of collateral first aid duties by an employee in the areas of construction, alteration, or repair, 
including painting and decorating. " 

(b) The parts of the Code of Federal Regulations incorporated by reference in this Subchapter shall not 
automatically include any subsequent amendments thereto, except as follows: 

(1) Incorporation of existing General Industry Standards (Part 1910) applicable to construction work 
into the Safety & Health Regulations for Construction (Part 1926). Final rule as published in 58 
FR (June 30, 1993) pages 35076 - 35311 and effective on December 1, 1993; correction to 
Appendix D to §1926.1147 as published in 58 FR (July 28, 1993) page 40468 and effective on 
December 31, 1993. The General Industry Standards which are applicable to the Construction 
Standards are as follows: 

Subpart C — General Safety and Health Provisions, 

1926.33 Access to employee exposure and medical records. 

1926.34 Means of egress. 

1926.35 Employee emergency action plans. 
Subpart D — Occupational Health and Environmental Control, 

1926.64 Process safety management of highly hazardous chemicals. 

1926.65 Hazardous waste operations and emergency response. 

1926.66 Criteria for design and construction for spray booths. 
Subpart E — Personal Protective Equipment and Life Saving Equipment, 

1926.95 Criteria for personal protective equipment. 

1926.96 Occupational foot protection. 

1926.97 Protective clothing for fire brigades. 

1926.98 Respiratory protection for fire brigades. 
Subpart F — Fire Protection and Prevention, 

Fixed Fire Suppression Equipment 

1926.156 Fire extinguishing systems, general. 

1926.157 Fire extinguishing systems, gaseous agent. 



1976 NORTH CAROLINA REGISTER March 1, 1995 9:23 



PROPOSED RULES 



Other Fire Protection Systems 

1926.158 Fire detection systems. 

1926.159 Employee alarm systems. 
Subpart I — Tools - Hand and Power, 

1926.306 Air receivers. 

1926.307 Mechanical power-transmission apparatus. 
Subpart L — ScaflFolding, 

1926.453 Manually propelled mobile ladder stands and scaffolds (towers). 
Subpart Y — Commercial Diving Operations, 
General 

1926.1071 Scope and application. 

1926.1072 Definitions. 
Personnel Requirements 

1926.1076 Qualifications of dive team. 
General Operations Procedures 

1926.1080 Safe practices manual. 

1 926. 108 1 Pre-dive procedures. 

1926.1082 Procedures during dive. 

1926.1083 Post-dive procedures 
Specific Operations Procedures 

1926.1084 SCUBA diving 

1926.1085 Surface-supplied air diving 

1926.1086 Mixed-gas diving. 

1926.1087 Liveboating. 

Equipment Procedures and Requirements 

1926.1090 Equipment. 
Recordkeeping 

1926.1091 Recordkeeping requirements. 

1926.1092 Effective date. 

Appendix A to Subpart Y - Examples of Conditions Which May Restrict or Limit Exposure 
to Hyperbaric Conditions. 

Appendix B to Subpart Y - Guidelines for Scientific Diving. 
Subpart Z — Toxic and Hazardous Substances 
1926.1100-1926.1101 [Reserved]. 

1926.1102 Coal tar pitch volatiles; interpretation of term. 

1926.1103 4-Nitrobiphenyl. 

1926. 1 104 alpha-Naphthylamine. 

1926.1105 [Reserved]. 

1926.1106 Methyl chloromethyl ether. 

1926.1107 3,3'-Dichlorobenzidine [and its salts]. 

1926.1108 bis-Chloromethyl ether. 

1926.1109 beta-Naphthylamine. 

1926.1110 Benzidine. 

1 926 .1111 4-Aminodiphenyl . 

1926.1112 Ethyleneimine. 

1926.1113 beta-Propiolactone. 

1926.1114 2-Acetylaminofluorene. 

1926.1115 4-Dimethylaminoazobenzene. 

1926. 1116 N-Nitrosodimethylamine. 

1926.1117 Vmyl chloride. 

1926.1118 Inorganic arsenic. 

1926.1128 Benzene. 

1926.1129 Coke emissions. 

1926. 1 144 1 ,2-dibromo-3-chloropropane. 

1926.1145 Acrylonitrile. 



9:23 NORTH CAROLINA REGISTER March 1, 1995 1977 



PROPOSED RULES 



1 926 . 1 1 47 Ethylene oxide. 

1926.1148 Formaldehyde. 

Appendix A to Part 1926. Designations for General Industry Standards Incorporated Into Body 
of Construction Standards. 

(2) Subpart D — Occupational Health and Environmental Controls: 

(A) Revision of Authority Citation for Subpart D of Part 1926 published in 59 FR (July 19, 1994) 
pages 36699 - 36700 and effective on November 1, 1994. 

(B) Addition of 1926.61 "Retention of DOT markings, placards, and labels," published in 59 FR 
(July 19, 1994) pages 36699 - 36700 and effective on November 1, 1994. 

(C) 29 CFR 1926.62, Lead in Construction. Interim final rule and appendices A through D as 
published in 58 FR (May 4, 1993) pages 26627-26649 and effective on October 4, 1993. 

(D) TYpographical and technical corrections at 1926.63, Cadmium, published in 58 FR (April 23, 
1993) pages 21778 - 21780 and 21787 and effective on September 24, 1993; corrections are to 
final rule for Occupational Exposure to Cadmium as originally published in 57 FR 42101 
(September 14, 1992). 

(E) Technical amendments to the existing Appendix B and addition of non-mandatory Appendix E 
to 1926.65, Hazardous Vhste Operations and Emergency Response as published in 59 FR (August 
22, 1994) pages 43270 - 43280 and effective on November 1, 1994. 

(3) Subpart E — Personal Protective and Life Saving Equipment — revision of Authority Citation for 
Subpart E of Part 1926; removal of 1926.104, Safety belts, lifelines, and lanyards; redesignation 
of 1926.105(a) as 1926.753, Safety Nets in Subpart R; removal and reservation of 1926.105; and 
removal of paragraphs (b), (c) and (f) of 1926.107, as published in 59 FR (August 9, 1994) page 
40729 and effective on February 6, 1995. 

(4) Subpart H — Materials Handling, Storage, Use and Disposal — revision of Authority Citation for 
Subpart H of Part 1926, and revision of 1926.250(b)(2) as published in 59 FR (August 9, 1994) 
pages 40729 - 40730 and effective on February 6, 1995. 

(5) Subpart M - Fall Protection — revision of Authority Citation for Subpart M of Part 1926 and 
replacement of Subpart M with 1926.500, 1926.501, 1926.502, 1926.503 and non-mandatory 
Appendices A through E as published in 59 FR (August 9, 1994) pages 40730 - 40753 and 
effective on February 6, 1995, with the requirement for the use of locking snap hooks under 29 
CFR 1926.500(b) rdefinition for Snaphook]. 1926.502(d)(5). 1926.502(e)(7) and Appendix C, Part 
II(i)(l) having an effective date of July l^ 1995 . 

(6) Subpart N — Cranes, Derricks, Hoists, Elevators, and Conveyors — revision of Authority Citation 
for Subpart N of Part 1926, and revision of 1926.550(c)(2) and 1926.550(g)(4)(i)(C)as published 
in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(7) Subpart P -- Excavations — revision of Authority Citation for Subpart P of Part 1926, revision of 
section heading of 1926.651, Specific excavation requirements, and revision of 1926.651(1) as 
published in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(8) Subpart Q — Concrete and Masonry — revision of Authority Citation for Subpart Q of Part 1926, 
removal of 1926.701(f)(2) and removal of subparagraph designation (1) of 1926.701(f) as published 
in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(9) Subpart R — Steel Erection — revision of Authority Citation for Subpart R of Part 1926 as 
published in 59 FR (August 9, 1994) page 40730 and effective on February 6, 1995. 

(10) Subpart V — Power Transmission and Distribution — revision of Authority Citation for Subpart V 
of Part 1926, and revision of 1926.951 (b) (4) (i) as published in 59 FR (August 9, 1994) page 40730 
and effective on February 6, 1995. 

(11) Subpart Z — Toxic and Hazardous Substances: 

(A) Correction to 29 CFR 1926 by adding text and redesignation for Cadmium as published in 59 FR 
(January 3, 1994) page 215 and effective on April 15, 1994. 

(B) Final rule redesignation of 1926.58 to 1926.1 101, and revision of 1926.1101, Asbestos, including 
amendments to Appendix A, Appendix B, Appendix D, and Appendix F, removal of Appendix 
G, and amendments to Appendix H, Appendix I, and Appendix K, as published in 59 FR (August 
10, 1994) pages 41131 - 41162; effective on February 1, 1995 with corresponding delayed 
effective dates as follovre: 1926.1 101 (q)(3)(i) is effective July 31, 1995; 1926.1101(q)(3)(ii) is 
effective May 31, 1995; 1926.1 101 (q)(3)(iii) is effective May 31, 1995; 1926.1 101(q)(3)(iv) is 



1978 NORTH CAROLINA REGISTER March 1, 1995 9:23 



PROPOSED RULES 



effective July 31, 1995; 1926.1 101 (q)(3)(v) is effective May 1, 1995; 1926. 1101 (q)(3)(vi) is 
effective May 1, 1995; and 1926. 1101 (q)(3)(vii) is effective July 31, 1995. 
(c) Copies of the applicable Code of Federal Regulations sections referred to in this Subchapter are available 

for public inspection at the North Carolina Department of Labor, Division of Occupational Safety and Health. 

A single copy may be obtained from the Division at a cost of ten dollars and sixty cents ($10.60) (inclusive 

of tax); each additional copy will be the same price. 



Statutory Authority G.S. 95-131; 150B-21.6. 

TITLE 15A - DEPARTMEIST OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

jyiotice is hereby given in accordance with G.S. 
150B-21.2 that the EHNR - Environmental Man- 
agement Commission intends to amend rules cited 
as 15A NCAC 2B .0101. .0104, .0202, .0211 and 
.0301. 

Ihe proposed effective date of this action is 
August 1, 1995. 

Ihe public hearing will be conducted at 7:00 
p.m. on: 

Monday, March 27, 1995 

Moore County Agricultural Center 

707 Pinehurst Avenue 

Carthage, NC 

Tuesday, April 4, 1995 

Southwestern Community College 

Allied Health Center 

Room MSA 

275 Webster Road 

Sylva, NC 

Wednesday, April 5, 1995 

Henderson County Schools 

Administration Building 

414 Fourth Avenue, West 

Hendersonville, NC 

Thursday, April 6, 1995 

Broyhill Civic Center 

1000 Hickory Boulevard 

Hudson, NC 

Tuesday, April 18, 1995 

Pitt Auditorium 

Wilkes Community College 

Wilkesboro, NC 



Wednesday, April 19, 1995 

Mooresville Citizen Center 

220 North Maple Street 

Mooresville, NC 

Wednesday, April 26, 1995 

Wilson County Agricultural Center 

1806 South Goldsboro Street 

Wilson, NC 

JVeason for Proposed Action: The Witer Supply 
Watershed Protection Rules became effective in 
August 1992. The rules require local governments 
with land use jurisdiction within surface water 
supply watersheds to adopt and implement land use 
ordinances which regulate development and control 
stormwater runoff, in accordance with minimum 
statewide standards applicable for each water 
supply classification. The proposed rule amend- 
ments to 15A NCAC 2B .0101. .0104, .0202, 
.0211 and .0301 codify new requirements and 
clarify the existing requirements that local govern- 
ments affected by the Witer Supply Watershed 
Protection Program follow. The amended rules 
are not intended to add more stringent require- 
ments, rather, they are intended to give local 
governments more flexibility in implementing the 
program. Local governments that are currently 
affected by the rules and that have had their local 
ordinances approved by the Environmental Man- 
agement Commission would not be required to 
make the proposed changes to the rules effective in 
their local ordinances. 

(comment Procedures: Comments, statements, 
data and other information may be submitted in 
writing prior to the scheduled hearings or until 
Friday, May 12, 1995. Comments may be present- 
ed orally at the hearings. Oral statements may be 
limited at the discretion of the hearing officer. 
Submittal of written copies of oral statements is 
encouraged. Copies of the proposed rules and 
information package may be obtained by contact- 
ing the Wbter Supply Watershed Protection Group 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1979 



PROPOSED RULES 



at (919) 733-5083, ext. 565. Written comments 
may be submitted to the Environmental Manage- 
ment Commission, c/o Lisa Martin, Division of 
Environmental Management, P.O. Box 29535, 
Raleigh, NC 27626-0535. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER 
STANDARDS: MONITORING 

SECTION .0100 - PROCEDURES FOR 

ASSIGNMENT OF WATER 

QUALITY STANDARDS 

.0101 GENERAL PROCEDURES 

(a) The rules contained in Sections .0100, .0200 
and .0300 of this Subchapter which pertain to the 
series of classifications and water quality standards 
shall be known as the "Classifications and Water 
Quality Standards Applicable to the Surface Waters 
of North Carolina. " 

(b) The Environmental Management Commis- 
sion, prior to classifying and assigning standards 
of water quality to any waters of the state, will 
proceed as follows: 

(1) The Commission, or its designee, will 
determine waters to be studied for the 
purpose of classification and assignment 
of water quality standards on the basis 
of user requests, petitions, or the identi- 
fication of existing or attainable water 
uses, as defined by 15 A NCAC 2B 
.0202, not presently included in the 
water classification. 

(2) After appropriate studies of the identi- 
fied waters to obtain the data and infor- 
mation required for determining the 
proper classification of the waters or 
segments of water are completed, the 
Commission, or its designee, will make 
a decision on whether to initiate pro- 
ceedings to modify the classifications 
and water quality standards of identified 
waters. In the case of the 
Commission's designee deciding to 
initiate said proceedings, the designee 
will inform the Commission of the 
decision prior to scheduling a public 
hearing. 

(3) In the case of a petition for classifica- 
tion and assignment of water quality 
standards according to the requirements 
of G e n e ral Statut e G.S. 1 SOB- 20, the 



Director will make a preliminary rec- 
ommendation on the appropriate classi- 
fications and water quality standards of 
the identified waters on the basis of the 
study findings or information included 
in the petition supporting the classifica- 
tion and standards changes. 

(4) The Commission will make a decision 
on whether to grant or deny a petition 
in accordance with the provisions of 
G e n e ral Statute G.S. 150B-20 based on 
the information included in the petition 
and the recommendation of the Direc- 
tor. The Commission may deny the 
petition and request that the Division 
study the appropriate classifications and 
water quality standards for the peti- 
tioned waters in accordance with Sub- 
paragraph (b)(2) of this Rule. 

(5) The Director will give due notice of 
such hearing or hearings in accordance 
with the requirements of G e n e ral Stat 
trte OS^ 143-214.1 and G.S. 150B, and 
will appoint a hearing officer(s) in 
consultation with the chairman of the 
Commission. 

(6) The hearing ofRcer(s) will, as soon as 
practicable after the completion of the 
hearing, submit a complete report of 
the proceedings of the hearing to the 
Commission. The hearing officer(s) 
shall include in the report a transcript 
or summary of testimony presented at 
such public hearing, relevant exhibits, 
a summary of relevant information from 
the stream studies conducted by the 
technical staff of the Commission, and 
final recommendations as to classifica- 
tion of the designated waters and the 
standards of water quality and best 
management practices which should be 
applied to the classifications recom- 
mended. 

(7) The Commission, after due consider- 
ation of the hearing records and the 
final recommendations of the hearing 
officer(s), will adopt its final action 
with respect to the assignment of classi- 
fications, and any applicable standards 
or best management practices applicable 
to the waters under consideration. The 
Commission will publish such action, 
together with the effective date for the 
application of the provisions of General 
Statut e G.S. 143-215.1 and 143-215.2, 



1980 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



as amended, as a part of the 
Commission's official rules. 
(8) The final action of the oommisaion 
Commission with respect to the assign- 
ment of classification with its accompa- 
nying standards and best management 
practices shall contain the 
Commission's conclusions relative to 
the various factors given in G e n e ral 
Statut e G.S. 143-214. 1(d), and shall 
specifically include the class or classes 
to which such specifically designated 
waters in the watershed or watersheds 
shall be assigned on the basis of best 
usage in the interest of the public, 
(c) Freshwater Classifications. 

(1) Class C; freshwaters protected for 
secondary recreation, fishing, aquatic 
life including propagation and survival, 
and wildlife; all freshwaters are classi- 
fied to protect these uses at a minimum; 

(2) Class B; freshwaters protected for 
primary recreation which includes 
swimming on a frequent or organized 
basis and all Class C uses; 

(3) Class WS-I; waters protected as water 
supplies which are essentially in natural 
and undeveloped watersheds in public 
ownership ; point source discharges of 
treated wastewater are permitted pursu- 
ant to Rules .0104 and .0211 of this 
Subchapter; local programs to control 
nonpoint sources and stormwater dis- 
charges of pollution are required; suit- 
able for all Class C uses; 

(4) Class WS-II; waters protected as water 
supplies which are generally in predom- 
inantly undeveloped watersheds; point 
source discharges of treated wastewater 
are permitted pursuant to Rules .0104 
and .0211 of this Subchapter; local 
programs to control nonpoint sources 
and stormwater discharges of pollution 
are required; suitable for all Class C 
uses; 

(5) Class WS-III; waters protected as water 
supplies which are generally in low to 
moderately developed watersheds; point 
source discharges of treated wastewater 
are permitted pursuant to Rules .0104 
and .0211 of this Subchapter; local 
programs to control nonpoint sources 
and stormwater discharges of pollution 
are required; suitable for all Class C 
uses; 



(6) 



(7) 



Class WS-IV; waters protected as water 
supplies which are generally in moder- 
ately to highly developed watersheds; 
point source discharges of treated 
wastewater are permitted pursuant to 
Rules .0104 and .0211 of this 
Subchapter; local programs to control 
nonpoint sources and stormwater 
discharges of pollution are required; 
suitable for all Class C uses; 
Class WS-V; waters protected as water 
supplies which are generally upstream 
of and draining to Class IV Class WS- 
IV waters; or previously used for 
drinking water supply purposes or 
waters used by industry to supply their 
employees, but not municipalities or 
counties, with a raw drinking water 
su pply source, although this type of use 
is not restricted to a WS-V 
classification. The Commission may 
consider a more protective classification 
for the water supp ly if a resolution 
requesting a more protective 
classification is submitted from all local 
governments having land use 



jurisdiction in the afl'ected watershed; 
no categorical restrictions on watershed 
development or treated wastewater 
discharges are required; however, the 
Commission or its designee may apply 
appropriate management requirements 
as deemed necessary for the protection 
of downstream receiving waters (15A 
NCAC 2B .0203); suitable for all Class 
C uses. 

(d) Tidal Salt Water Classifications. 

(1) Class SC; saltwaters protected for 
secondary recreation, fishing, aquatic 
life including propagation and survival, 
and wildlife; all saltwaters are classified 
to protect these uses at a minimum; 

(2) Class SB; saltwaters protected for 
primary recreation which includes 
swimming on a frequent or organized 
basis and all Class SC uses; 

(3) Class SA; suitable for commercial 
shellfishing and all other tidal saltwater 
uses. 

(e) Supplemental Classifications. 

(1) Trout waters (Tr); freshwaters protected 
for natural trout propagation and 
survival of stocked trout; 

(2) Swamp waters (Sw); waters which have 
low velocities and other natural 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1981 



PROPOSED RULES 



characteristics which are different from 
adjacent streams; 

(3) Nutrient Sensitive Waters (NSW); 
waters subject to growths of microscop- 
ic or macroscopic vegetation requiring 
limitations on nutrient inputs; 

(4) Outstanding Resource Waters (ORW); 
unique and special waters of exception- 
al state or national recreational or eco- 
logical significance which require spe- 
cial protection to maintain existing 
uses; 

(5) High Quality Waters (HQW); waters 
which are rated as excellent based on 
biological and physical/chemical char- 
acteristics through Division monitoring 
or special studies, native and special 
native trout waters (and their tributar- 
ies) designated by the Wildlife Resourc- 
es Commission, primary nursery areas 
(PNA) designated by the Marine Fish- 
eries Commission and other functional 
nursery areas designated by the Wildlife 
Resources Commission, critical habitat 
areas designated by the Wildlife Re- 
sources Commission or the Department 
of Agriculture, all water supply water- 
sheds which are either classified as 
WS-I or WS-II or those for which a 
formal petition for reclassification as 
WS-I or WS-II has been received from 
the appropriate local government and 
accepted by the Division of Environ- 
mental Management and all Class SA 
watersr ^ 

(6) Future Water Supply (FWS); waters 
that have been requested by a local 
government and adopted by the Com- 
mission as a future source for drinking, 
culinary, or food-processing purposes. 
Local govemment(s) requesting the 
Future Water Supply reclassification 
must have submitted to the Division of 
Water Resources a Water Supply Plan 
as described in G.S. 143-355(1). Local 
govemment(s) requesting this reclassifi- 
cation must also provide to the Division 
a copy of this plan along with other 
evidence of intent which may include 



capital improvement plans, land acqui- 
sition or bond issuance for water treat- 
ment plant, and a 1:24,000 scale USGS 
topographical map delineating the loca- 
tion of the intended water supply in- 
take. Requirements for activities ad- 



ministered by the State of North Caroli- 
na, such as the issuance of permits for 
landfills. NPDES wastewater discharg- 
es, land application of residuals and 
road construction activities will be 
effective upon reclassification for future 
water supply use. The requirements 
shall apply to the critical area and 
balance of the watershed or protected 
area as appropriate. Upon receipt of 
the final approval letter from the Divi- 
sion of Environmental Health for con- 
struction of the water treatment plant 
and water supply intake, the Commis- 
sion will initiate rule-making to modify 
the Future Water Supply supplemental 
classification. Local government imple- 
mentation is not required until 270 days 
after the Commission has modified the 
Future Water Supply (FWS) supple- 
mental classification through the rule- 
making process and notified the affect- 
ed local govemment(s) that the appro- 
priate local government land use re- 
quirements applicable for the water 
supply classifications are to be adopted, 
implemented and submitted to the Com- 
mission for approval. Local govern- 
ments may also adopt land use ordi- 
nances that meet or exceed the state's 
minimum requirements for water supply 
watershed protection prior to the end of 
the 270 day deadline. The require- 
ments for FWS may also be applied to 
waters formerly used for drinking water 
supply use, and currently classified for 
water supply use, at the request of local 
govemment(s) desiring protection of the 
watershed for future water supply use. 
(f) In determining the best usage of waters and 
assigning classifications of such waters, the Com- 
mission will consider the criteria specified in 
G e n e ral Statute G.S. 143-214. 1(d) and all existing 
uses as defined by 15A NCAC 2B .0202. In 
determining whether to revise a designated best 
usage for waters through a revision to the classifi- 
cations, the Commission will follow the require- 
ments of 40 CFR 131.10(b),(c),(d) and (g) which 
are hereby incorporated by reference including any 
subsequent amendments and editions. This materi- 
al is available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Environmental Management, Water 
Quality Planning Branch, 512 North Salisbury 
Street, Raleigh, North Carolina. Copies may be 



1982 



NORTH CAROLINA REGISTER 



March I, 1995 



9:23 



PROPOSED RULES 



obtained from the U.S. Govemment Printing 
Office, Superintendent of Documents, Washington, 
DC 20402-9325 at a cost of thirteen dollars 
($13.00). 

(g) When revising the classification of waters, 
the Division will collect water quality data within 
the watershed for those substances which require 
more stringent control than required by the exist- 
ing classification. However, such sampling may 
be limited to only those parameters which are of 
concern. If the revision to classifications involves 
the removal of a designated use, the Division will 
conduct a use attainability study as required by the 
provisions of 40 CFR 131.10(j) which are hereby 
incorporated by reference including any subsequent 
amendments and editions. This material is avail- 
able for inspection at the Department of Environ- 
ment, Health, and Natural Resources, Division of 
Environmental Management, Water Quality Plan- 
ning Branch, 512 North Salisbury Street, Raleigh, 
North Carolina. Copies may be obtained from the 
U.S. Government Printing Office, Superintendent 
of Documents, Washington, DC 20402-9325 at a 
cost of thirteen dollars ($13.00). 

Statutory Authority G.S. 143-214.1; 
142-21 5. 3(a)(1). 

.0104 CONSroERATIONS/ASSIGNING/ 
IMPLEMEI^ING WATER SUPPLY 
CLASSIFICATIONS 

(a) In determining the suitability of waters for 
use as a source of water supply for drinking, 
culinary or food processing purposes after ap- 
proved treatment, the Commission will be guided 
by the physical, chemical, and bacteriological 
maximum contaminant levels specified by Environ- 
mental Protection Agency regulations adopted 
pursuant to the Public Health Service Act, 42 
U.S.C. 201 et seq., as amended by the Safe 
Drinking Water Act, 42 U.S.C. 300(f) et seq. In 
addition, the Commission will be guided by the 
requirements for unfiltered and filtered water 
supplies and the maximum contaminant levels 
specified in the North Carolina Rules Governing 
Public Water Supplies, 15A NCAC 18C .1100, 
.1200 and .1500 and comments provided by the 
Division of Environmental Health. 

(b) All local governments that have land use 
authority within designated water supply water- 
sheds will adopt and enforce ordinances that at a 
minimum meet the requirements of G.S. 143-214.5 
and this Subchapter. The Commission shall 
approve local water supply protection programs if 
it determines that the requirements of the local 



program equal or exceed the minimum statewide 
water su pply watershed management requirements 
adopted pursuant to this Section. Local govern- 
ments may adopt and enforce more stringent 
controls. Local management programs and modifi- 
cations to these programs must be approved by the 
Commission and will be kept on file by the Divi- 
sion of Environmental Management, Division of 
Environmental Health and the Division of Commu- 
nity Assistance. 

(c) All waters used for water supply purposes or 
intended for future water supply use shall be 
classified to the most appropriate water supply 
classification as determined by the Commission. 
Water supplies may be reclassified to a more or 
less protective water supply classification on a 
case-by-case basis through the rule-making pro- 
cess. A more protective water su pply classifica- 
tion may be a pplied to existing water supp ly 
watersheds after receipt of a resolution from all 
local governments having land use jurisdiction 
within the designated water supp ly watershed 
requesting a more protective water supply classifi- 
cation. Local govemment(s) requesting the Future 
Water Su pply reclassification must have submitted 
to the Division of Water Resources a Water Sup- 
ply Plan as described in G.S. 143-355(1). Local 
govemment(s) requesting this reclassification must 
also provide to the Division a copy of this plan 
along with other evidence of intent which may 
include capital improvement plans, land acquisition 
or bond issuance for water treatment plant, and a 
1:24,000 scale USGS topographical map delineat- 
ing the location of the intended water supp ly 
intake. Requirements for activities administered 
by the State of North Carolina, such as the issu- 
ance of permits for landfills. NPDES wastewater 
discharges, land application of residuals and road 
construction activities will be efl^ective upon 
reclassification for future water supply use. The 
requirements shall app ly to the critical area and 
balance of the watershed or protected area as 
appropriate. Upon receipt of the final approval 
letter from the Division of Environmental Health 
for construction of the water treatment plant and 
water su pply intake, the Commission will initiate 
rule-making to modify the Future Water Supp ly 
supplemental classification. Local govemment 
implementation is not required until 270 days after 
the Commission has modified the Future Water 
Supp ly (FWS) supplemental classification through 
the rule-making process and notified the affected 
local govemment(s) that the appropriate local 
govemment land use requirements applicable for 
the water supply classifications are to be adopted. 



9:23 



NORTH CAROLINA REGISTER 



March I, 1995 



1983 



PROPOSED RULES 



implemented and submitted to the Commission for 
approval. Local governments may also adopt land 
use ordinances that meet or exceed the state's 
minimum requirements for water supp ly watershed 
protection prior to the end of the 270 day deadline. 
The requirements for FWS may also be applied to 
waters formerly used for drinking water su pply 
purposes, and currently classified for water su pply 
use, at the request of local povemment(s) desiring 
protection of the watershed for future water supply 
use. 

(d) In considering the reclassification of waters 
for water supply purposes, the Commission will 
take into consideration the relative proximity, 
quantity, composition, natural dilution and diminu- 
tion of potential sources of pollution to determine 
that risks posed by all significant pollutants are 
adequately considered. 

(e) For the purposes of implementing the water 
supply watershed protection rules (15A NCAC 2B 
.0100, .0200 and .0300) and the requirements of 
G.S. 143-214.5, the following schedule of imple- 
mentation shall be applicable: 



August 3, 1992 



By July 1, 1993 



By October 1, 1993 - 



Activities administered 
by the State of North 
Carolina, such as the 
issuance of permits for 
landfills, NPDES waste- 
water discharges, and 
land application of 
sludge/residuals, and 
road construction activi- 
ties^ shall become effec- 
tive regardless of the 
deadlines for municipal 
and county water su pply 
watershed protection 
ordinance adoptions : 
Affected municipalities 
with a population greater 
than 5,000 shall adopt 
and submit the appropri- 
ate drinking water supply 
protection, manag e m e nt 
plans, maps and ordi- 
nances that meet or 
exceed the minimum 
management require- 
ments of these Rules; 
Affected municipalities 
with a population less 
than 5,000 shall adopt 
and submit the appropri- 
ate drinking water supply 
protection, manag e m e nt 



plans, maps and ordi- 
nances that meet or 
exceed the minimum 
management require- 
ments of these Rules; 
By January 1, 1994- Affected county govern- 
ments shall adopt and 
submit the appropriate 
drinking water supply 
protection, manag e ment 
plans, maps and ordi- 
nances that meet or 
exceed the minimum 
management require- 
ments of these Rules. 
Affected local govenmient manag e m e nt piano and 
drinking water supply protection ordinances shall 
become effective on or before these dates. Lxjcal 
governments may choose to adopt, implement and 
enforce these provisions prior to this date. Three 
copies of the adopted and effective relevant man 
ag e m e nt plans and ordinances shall be sent to the 
Division along with a cover letter from the munici- 
pal or county attorney, or its designated legal 
counsel, stating that the local government drinking 
water supply protection manag e m e nt plans and 
ordinances shall meet or exceed these Rules. 
Revisions to these Rules shall require the Division 
to modify and distribute to local governments, as 
appropriate, the model ordinance. The Division 
shall approve the amended local managem e nt 
plans, maps and ordinances, or request the Com- 
mission to take appropriate action under G.S. 
143-214.5. 

(f) Wherever in this Subchapter it is provided 
that local governments assume responsibility for 
operation and maintenance of engineered storm- 
water control(s), this shall be construed to require 
responsible local governments to inspect such 
controls at l e a s t ono e per y e ar , to determine 
whether the controls are performing as designed 
and intended. Records of inspections shall be 
maintained on forms approved or supplied by the 
Division. Lx)cal governments may require pay- 
ment of reasonable inspection fees by entities 
which own the controls, as authorized by law. In 
the event inspection shows that a control is not 
performing adequately, the local government shall 
order the owning entity to take corrective actions. 
If the entity fails to take sufficient corrective 
actions, the local government may impose civil 
penalties and pursue other available remedies in 
accordance with the law. The availability of new 
engineered stormwater controls as an alternative to 
lower development density and other measures 



1984 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



under the provisions of this Subchapter and local 
ordinances approved by the Commission shall be 
conditioned on the posting of adequate financial 
assurance, in the form of a cash deposit or bond 
made payable to the responsible local government, 
or other acceptable security. The establishment of 
a stormwater utility by the responsible local gov- 
ernment shall be deemed adequate financial assur- 
ance. The purpose of the required financial 
assurance is to assure that maintenance, repairs or 
reconstruction necessary for adequate performance 
of the controls may be made by the owning entity 
or the local government which may choose to 
assume ownership and maintenance responsibility. 

(g) Where higher density developments are 
allowed, stormwater control systems must use wet 
detention ponds as described in 15 A NCAC 2H 
■ 1003(g)(2). (g)(3). (i). (i), (k) and (1). Alternative 
stormwater management systems consisting of 
other treatment options, or a combination of 
treatment options, may be approved on a case-by- 
case basis by the Director. The design criteria for 
a pproval will be 85 percent average annual remov- 
al of Total Suspended Solids and a post develop- 
ment peak discharge rate equal to the pre- 
development peak discharge rate equal to the 
predevelopment peak discharge rate for the one 
year. 6-hour storm. 

(h) Where no practicable alternative exists, 
discharge from groundwater remediation projects 
addressing water quality problems will be allowed 
in accordance with other applicable requirements 
in all water supply classifications. 

(i) To further the cooperative nature of the 
water supply watershed management and protec- 
tion program provided for herein, local govern- 
ments with jurisdiction over portions of classified 
watersheds and local governments which derive 
their water supply from within such watersheds are 
encouraged to establish joint water quality moni- 
toring and information sharing programs, by 
interlocal agreement or otherwise. Such coopera- 
tive programs shall be established in consultation 
with the Division. 

(j) Where no practicable alternative exists other 
than surfece water discharge, previously unknown 
existing unpermitted wastewater discharges will 
incorporate the best possible technology treatment 
as deemed appropriate by the Division. 

(k) The Commission may designate water supply 
watersheds or portions thereof as critical water 
supply watersheds pursuant to G.S. 143-214. 5(b). 

(1) A more protective classification may be 
allowed by the Commission although minor occur- 
rences of nonconforming activities are present 



prior to reclassification. When the Commission 
allows a more protective classification, expansions 
of existing wastewater discharges that otherwise 
would have been prohibited may be allowed if 
there is no increase in permitted pollutant loading; 
other discharges of treated wastewater existing at 
the time of reclassification may be required to 
meet more stringent effluent limitations as deter- 
mined by the Division. Consideration of all 
practicable alternatives to surfece water discharge 
must be documented. 

(m) The construction of new roads and bridges 
and non-residential development shall minimize 
built-upon area, divert stormwater away from 
surfece water supply waters as much as possible, 
and employ best management practices (BMPs) to 
minimize water quality impacts. To the extent 
practicable, the construction of new roads in the 
critical area should be avoided. The Department 
of Transportation shall use BMPs as outlined in 
their document entitled "Best Management Practic- 
es for the Protection of Surfece Waters" which is 
hereby incorporated by reference. This material is 
available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Environmental Management, Water 
Quality Planning Branch, 512 North Salisbury 
Street, Raleigh, North Carolina. 

(n) Activities within water supply watersheds are 
also governed by the North Carolina Rules Gov- 
erning Public Water Supplies, 15A NCAC 18C 
.1100, .12(X) and .1500. Proposed expansions of 
treated wastewater discharges to water supply 
waters must be approved by the Division of Envi- 
ronmental Health. 

(o) Local governments are responsible for 
correctly delineating the approximate normal pool 
elevation for backwaters of water supply reservoirs 
for the purposes of determining the critical and 
protected area boundaries as appropriate. Local 
governments must submit to the Division — the 
boundari es of th e oritioal and prot e ct e d ar e as using 
1:2 4 ,000 Boal e U.S. G.S. — topographical — map s a 
1:24.000 scale U.S. G.S. topographic map which 
shows the local government's corporate and extra- 
territorial jurisdiction boundaries. the 
Commission's adopted critical and protected area 
boundaries, as well as the local government's 
interpreted critical and protected area boundaries . 
All revisions (expansions or deletions) to these 
areas must be submitted to the Division and 
approved by the Commission prior to local 
government revision. 

(p) During th e 1992 stat e wid e r e olasaifioation of 
wat e r — supply — wat e rsh e d — olassifioations, — the 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1985 



PROPOSED RULES 



CommisflioD — sbaH — e xamin e e aoh — water — oupply 
v i Tit e rah e d wh e r e any n e w oanitary landfill for th e 
disposal of nonhazardous solid waot e is propoo e d 
to bo looatod, and if th e r e was p e nding on Jun e 30, 
1990 a petition for r e olasoifioation of ouoh waters 
to a more prot e ctiv e V i sit e r supply oloosifioation, to 
dotormin e — wh e th e r — mor e — rootriotiv e — standards 
should b e e stablish e d for the siting of such n e w 
sanitary landfills. — Th e Commission, in th e r e olas 
sifioation, may establish standards mor e r e strictive 
than thos e in ISA NCAC 2B .021 1 when r e quir e d 
to prot e ct the water supply from inappropriate 
additional sourc es of potential contamination du e 
to proposed new sanitary' landfills within th e water 
supply v i Tit e rsh e d. 

(p) {^Local governments will encourage partici- 
pation in the Agricultural Cost Share Program. • 
The Soil and Water Conservation Commission is 
the designated management agency responsible for 
implementing the provisions of these Rules pertain- 
ing to agricultural activities. Agricultural activities 
are subject to the provisions of the Food Security 
Act of 1985 and the Food, Agriculture, Conserva- 
tion and Trade Act of 1990 (Public Law 101-624 
and 15A NCAC 2H .0217 V The following shall 
be required within WS-I watersheds and the 
critical areas of WS-II, WS-III and WS-IV water- 
sheds: 

(1) Agricultural activities conducted after 
January 1, 1993 shall maintain a mini- 
mum 10 foot vegetated buffer, or 
equivalent control as determined by the 
Soil and Water Conservation Commis- 
sion, along all pereimial waters indicat- 
ed on the most recent versions of 
U.S.G.S. 1:24,000 (7.5 minute) scale 
topographic maps or as determined by 
local government studies; and 

(3) Animal — op e rations — gr e at e r than — WO 

animal unito shall employ Boot Manag e 
m e nt — Pmotio e s — [as — d e fin e d by — Rale 
.0202(6) of this Subohaptor] by July 1, 
199 4 r e comm e nd e d by th e Soil and 
Wat e r Consersntion Commission. 

(2) Animal operation deemed permitted 
under 15A NCAC 2H .0217 are al; 
lowed in all classified water supply 
watersheds. 

(q) {f)Existing development is not subject to the 
requirements of these Rules. Redevelopment is 
allowed if the rebuilding activity does not have a 
net increase in built-upon area or provides equal or 
greater stormwater control than the previous 
development, except that there are no restrictions 
on single family residential redevelopment. 



Expansions to structures classified as existing 
development must meet the requirements of these 
Rules; however, the built-upon area of the existing 
development is not required to be included in the 
density calculations. Expansions to structures 
other than existing development must meet the 
density requirements of these Rules for the entire 
project site. A d ee d e d single fiimily lot owned by 
an individual prior to th e e ff e ctive date of the 
v s pt e r supply ordinance, regardless of whether a 
vostod right has b e en established, is not subj e ct to 
th e d e v e lopm e nt r e strictions of th e s e Rul e s; how 
e v e r, this e x e mption is not applicabl e to multiple 
lots und e r singl e own e rship. — Local gov e rnments 
may r e quir e th e r e combination of singl e owner 
nonconforming lo ter ff a nonconforming lot of 
record is not contiguous to any other lot owned by 
the same party, then that lot of record shall not be 
subject to the development restrictions of these 
Rules if it is developed for single-family residential 
purposes. Local governments may however. 



require the combination of contiguous nonconform- 
ing lots of record owned by the same party in 
order to establish a lot or lots that meet or nearly 
meet the development restrictions of these Rules. 
Any lot that, when divided, was exempt from or 
outside the scope of the subdivision regulations of 
any local government shall not be subject to the 
development restrictions of these Rules. Local 
govermnents may also apply more stringent con- 
trols relating to determining existing development, 
redevelopment or expansions. Dev e lopm e nt 
activities may b e granted minor e x e mptions by 
local — gov e rnm e nts — utilizing — the — proc e dur e s — ef 
North Carolina G e n e ral Statut e s Articl e 1 8 , Chap 
t e r 153A or Articl e 19, Chapt e r 160A. A d e sorip 
tion of e ach proj e ct r e ceiving an exemption and th e 
r e ason for granting the exemption shall bo submit 
t e d to th e Commission on an annual bas is: — fa 
addition, upon r e qu e st of a local gov e rnm e nt, the 
Commission may gmnt exemptions of a mor e 
significant natur e in uniqu e oircumotanooo on a 
cas e by case basis when n e c e ssary to accommodat e 
important social and e conomic d e v e lopm e nt. — Fer 
aH — proposed — oxomptions — tbe — local — govomm eat 
consid e ring — or r e qu e sting — th e e x e mption — shall 
notify and allow a r e asonabl e comment period for 
all other local gov e rnm e nts having jurisdiction 
V i dthin th e vi . Tit e rBh e d area gov e rn e d by thooo Rul e s 
and the entity using the water oupply for oonsump 

(r) Development activities may be granted minor 
variances by local governments utilizing the 
procedures of G.S. 153A Article 18, or G.S. 
160A. Article 19. A description of each project 



1986 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



receiving a variance and the reason for granting 
the variance shall be submitted to the Commission 
on an annual basis by January 1 . For all proposed 
major and minor variances from the minimum 
statewide watershed protection rules, the local 
Watershed Review Board shall make findings of 
fact showing that: 

(1) there are practical difficulties or unnec- 
essary hardships in the way of carrying 
out the strict letter of the ordinance; 

(2) the variance is in harmony with the 
general purpose and intent of the local 
watershed protection ordinance and 
preserves its spirit; and 

(3) is granting the variance, the public 
safety and welfare have been assured 
and substantial justice has been done. 

The local Watershed Review Board may attach 
conditions to the major or minor variance request 
that support the purpose of the local watershed 
protection ordinance. If the variance request 
qualifies as a major variance, and the local Water- 
shed Review Board decides in favor of granting 
the major variance, the Board shall then prepare a 
preliminary record of the hearing and submit it to 
the Commission for review and approval . If the 
Commission approves the major variance or 
approves with conditions or stipulations added, 
then the Commission shall prepare a Commission 
decision which authorizes the local Watershed 
Review Board to issue a final decision which 
would include any conditions or stipulations added 
by the Commission. If the Commission denies the 
major variance, then the Commission shall prepare 
a Commission decision to be sent to the local 
Watershed Review Board. The local Watershed 
Review Board shall prepare a final decision deny- 
ing the major variance. For all proposed major 
and minor variances the local government consid- 
ering or requesting the variance shall notify and 
allow a reasonable comment period for all other 
local governments having jurisdiction within the 
watershed area governed by these Rules and the 
entity using the water supply for consumption. 
Appeals from the local government decision on a 
major or minor variance request are made on 
certiorari to the local Superior Court. A ppeals 
from the Commission decision on a major variance 
request are made on judicial review to Wake 
County Superior Court. When local ordinances 
are more stringent than the state's minimum water 
supply protection rules a variance to the local 
government's ordinance js not considered a major 
variance as long as the result of the variance is not 
less stringent than the stete's minimum require- 



ments. 

(s) Cluster development [s allowed on a project- 
by-pro ject basis as follows: 

(\) Overall density of the project meets 
associated density or stormwater control 
requirements; 
(2) Buffers meet the minimum statewide 
water su pply watershed protection 
requirements; 
(3} Built-upon areas are designed and sited 
to minimize stormwater runoff impact 
to the receiving waters, minimize con- 
centrated stormwater flow, maximize 
the use of sheet flow through vegetated 
areas, and maximize the flow length 
through vegetated areas; 

(4) Areas of concentrated density develop- 
ment are located in upland areas and 
away, to the maximum extent practica- 
ble, from surface waters and drainage- 
ways; 

(5) Remainder of tract to remain in vegetat- 
ed or natural state; 

(6) Where the development has an incorpo- 
rated property owners association, the 
title of the open space shall be con- 
veyed to the association for manage- 
ment. Where a property owners associ- 
ation is not incorporated, a maintenance 
agreement shall be filed with the prop- 
erty deeds: and 

(7) Cluster developments that meet the 
a pplicable low density requirements 
shall transport stormwater runoflF by 
vegetated conveyances to the maximum 
extent practicable. 

(t) Local governments may administer oversight 
of future development activities in single family 
residential developments that exceed the applicable 
low density requirements by tracking dwelling 
units rather than percentage built-upon area, as 
long as the wet detention pond or other approved 
stormwater control system is sized to capture and 
treat runoff from all pervious and built-upon 
surfaces shown on the development plan and any 
ofiF-site drainage from pervious and built-upon 
surfaces, and when an additional safety factor of 
15 percent of built-upon area of the project site js 
figured in. 

(u) Planned Unit Developments (PUDs) and 
mixed use developments that do not exceed the 
applicable low density requirements must meet the 
following criteria: 

(1) Buffers meet the minimum statewide 
water su pply watershed protection 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1987 



PROPOSED RULES 



requirements; 
£2} Storm water runoff shall be transported 
by vegetated conveyances to the maxi- 
mum extent practicable; and 
(3) In reviewing and approving a develop- 
ment plan for a Planned Unit Develop- 
ment (PUD) or mixed use development, 
the local government shall have the 
option of determining built-upon area 
for the entire development or for each 
type of land use within the develop- 
ment. A local government may require 
additional storm water controls, on a 
case-by-case basis, if it determines that 
areas of concentrated development are 
located such that storm water flows and 
storm water impacts to receiving waters 
are not minimized; that sheet flow 
through vegetated areas is not maxi- 
mized: that the flow length through 
vegetated areas is not maximized: or 
that areas of concentrated development 
are not located in upland areas and 
away, to the maximum extent practica- 
ble, from surface waters and drainage- 
ways, 
(v) Planned Unit Developments (PUDs) and 
mixed use developments that exceed the applicable 
low density requirements must meet the following 
criteria: 

(1) Buff'ers meet the minimum statewide 
water supply watershed protection 
requirements; and 

(2) Wet detention ponds or other alternative 
storm water management systems which 
are designed for 85 percent average 
annual removal of Total Suspended 
Solids and a post development peak 
discharge rate equal to the pre- 
development peak discharge rate for the 
one year. 6-hour storm, as approved by 
the Director. 

(wl All new development meets the development 
requirements on a project-by-project basis except 
local governments may submit ordinances and 
ordinance revisions for balance of watershed or 
protected areas which use density or built-upon 
area criteria averaged throughout the local 
government's watershed jurisdiction instead of on 
a proiect-by-project basis within the watershed. 
Prior to approval of the ordinance or amendment. 
the local government must demonstrate to the 
Commission that the provisions as averaged meet 
or exceed the statewide minimum requirements, 
and that a mechanism exists to ensure the orderly 



and planned distribution of development potential 
throughout the watershed jurisdiction. 

(x) {«)Silviculture activities are subject to the 
provisions of the Forest Practices Guidelines 
Related to Water Quality (15A NCAC II .0101 - 
.0209). The Division of Forest Resources is the 
designated management agency responsible for 
implementing the provisions of these Rules pertain- 
ing to silviculture activities. 

(v) ft)Local governments shall, as the existing 
laws allow, develop, implement, and enforce 
comprehensive nonpoint source and stormwater 
discharge control programs to reduce water pollu- 
tion from activities within water supply watersheds 
such as development, forestry, landfills, mining, 
on-site sanitary sewage systems which utilize 
ground adsorption, toxic and hazardous materials, 
transportation, and water based recreation. 

(z) («)When the Commission assumes a local 
water supply protection program all local permits 
authorizing construction and development activities 
as regulated by the statewide minimum water 
supply watershed protection rules of this Subchap- 
ter must be approved by the Commission prior to 
local government issuance. 

(aa) In the event that stormwater management 
systems or facilities may impact existing waters or 
wetlands of the United States, the Clean Water Act 
requires that these systems or facilities be consis- 
tent with all federal and stete requirements. 

rbb) fv)A model local water supply watershed 
management and protection ordinance, as approved 
by the Commission in accordance with G.S. 
143-214.5, is on file with the Office of Adminis- 
trative Hearings and may be obtained by writing 
to: Dir e ctor Water Quality Planning Branch , 
Division of Environmental Management, Post 
Ofl!ice Box 29535, Raleigh, North Carolina 
27626-0535. 

(cc) The Commission may delegate such matters 
as variance approval, extension of deadlines for 
submission and civil penalties to the Director. 

Statutory Authority G.S. 143-214.1; 
143-21 5. 3(a)(1). 

SECTION .0200 - CLASSIFICATIONS AND 

WATER QUALTTY STANDARDS 

APPLICABLE TO SURFACE WATERS OF 

NORTH CAROLINA 

.0202 DEFINrnONS 

The definition of any word or phrase used in 
these rules shall be the same as given in Article 
21, Chapter 143 of the General Statutes of North 



1988 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



Carolina. The following words and phrases, 
which are not defined in this article, will be 
interpreted as follows: 

(1) Acute toxicity to aquatic life means 
lethality or other harmful effects sus- 
tained by either resident aquatic popula- 
tions or indicator species used as test 
organisms in a controlled toxicity test 
due to a short-term exposure (relative 
to the life cycle of the organism) to a 
specific chemical or mixture of chemi- 
cals (as in an effluent). Short-term 
exposure for acute tests is generally 96 
hours or less. Acute toxicity will be 
determined using the following proce- 
dures: 

(a) for specific chemical constituents or 
compounds, acceptable levels will be 
equivalent to a concentration of 
one-half or less of the Final Acute 
Value (EAV) as determined according 
to "Guidelines for Deriving 
Numerical Water Quality Criteria for 
the Protection of Aquatic Life and its 
Uses" published by the Environmental 
Protection Agency and referenced in 
the Federal Register (50 FR 30784, 
July 29, 1985). 

(b) for specific chemical constituents or 
compounds for which values 
described under Subparagraph (l)(a) 
of this Rule can not be determined, 
acceptable levels will be equivalent to 
a concentration of one-third or less of 
the lowest available LC50 value. 

(c) for effluents, acceptable levels are 
defined as no statistically measurable 
lethality (99 percent confidence level 
using Students t test) during a 
specified exposure period. 
Concentrations of exposure will be 
determined on a case-by-case basis. 

(d) in instances where detailed dose 
response data indicate that levels of 
acute toxicity are significantly 
diff'erent from those defined in this 
Rule, the Director may determine on 
a case-by-case basis an alternate 
acceptable level through statistical 
analyses of the dose response curve. 

(2) Acute to Chronic Ratio (ACR) means 
the ratio of acute toxicity expressed as 
an LC50 for a specific toxicant or an 
effluent to the chronic value for the 
same toxicant or effluent. 



(3) Agricultural uses include the use of 
waters for stock watering, irrigation, 
and other farm purposes. 

(4) Approved treatment, as applied to water 
supplies, means treatment accepted as 
satisfactory by the Division of 
Environmental Health or Division of 
Environmental Management. 

(5) Average (except bacterial) means 
arithmetical average and includes the 
analytical results of all samples taken 
during the specified period; all 
sampling shall be done as to obtain the 
most representative sample under 
prevailing conditions: 

(a) Daily Average for dissolved oxygen, 
shall be of at least four samples; 

(b) Weekly Average means the average of 
all daily composite samples obtained 
during the calendar week; if only one 
grab sample is taken each day, the 
weekly average is the average of all 
daily grab samples; a minimum of 
three daily grab samples is needed to 
calculate a weekly average; 

(c) Monthly Average means the average 
of all daily composites (or grab 
samples if only one per day) obtained 
during the calendar month. 

The definitions in this Paragraph do not 
affect the monitoring requirements for 
NPDES permits but rather are to be 
used by the Division along with other 
methodologies in determining violations 
of water quality standards. 
Arithmetical averages as defined by this 
Rule, and not confidence limits nor 
other statistical descriptions, will be 
used in all calculations of limitations 
which require the use of averages 
pursuant to this Rule and 40 CFR 
122.41(1) (4) (iii). 

(6) Best Management Practice (BMP) 
means a structural or nonstructural 
management-based practice used 
singularly or in combination to reduce 
nonpoint source inputs to receiving 
waters in order to achieve water quality 
protection goals. 

(7) Best usage of waters as specified for 
each class means those uses as 
determined by the Environmental 
Management Commission in accordance 
with the provisions of Articl e — 3-l-j 
Chapt e r G.S. 143-214.1.; — G e n e ral 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1989 



PROPOSED RULES 



Statut e o of North Carolina . 

(8) Bloaccumulation factor (BAF) is a 
unitless value that describes the degree 
to which substances are taken up or 
accumulated into tissues of aoquatio 
aquatic organisms from water directly 
and from food or other ingested 
materials containing the accumulated 
substances, and is usually measured as 
a ratio of a substance's concentration in 
tissue versus its concentration in water 
in situations where exposure to the 
substance is occurring from both water 
and the food chain. 

(9) Bioconcentration factor (BCF^ is a 
unitless value that describes the degree 
to which substances are absorbed or 
concentrated into tissues of aquatic 
organisms from water directly and is 
usually measured as a ratio of 
substance's concentration in tissue 
versus its concentration in water in 
situations where exposuns to the 
substance is occurring from water only. 

(10) Biological integrity means the ability of 
an aquatic ecosystem to support and 
maintain a balanced and indigenous 
community of organisms having species 
composition, diversity, population 
densities and functional organization 
similar to that of reference conditions. 

(11) Buffer means a natural or vegetated 
area through which stormwater runoff 
flows in a diffuse manner so that the 
runoflFdoes not become channelized and 
which provides for infiltration of the 
runoff and filtering of pollutants. The 
buffer is measured landward from the 
normal pool elevation of impounded 
structures and from the bank of each 
side of streams or rivers. 

(12) Built-upon area means that portion of a 
development project that is covered by 
impervious or partially impervious 
cover including buildings, pavement, 
grav e l roads, gravel areas (e.g. roads, 
parking lots, paths), recreation facilities 
(e.g. teimis courts), etc. (Note: 
Wooden slatted decks and the water 
area of a swimming pool are considered 
pervious.) 

(13) Chronic toxicity to aquatic life means 
any harmful effect sustained by either 
resident aquatic populations or indicator 
species used as test organisms in a 



controlled toxicity test due to long-term 
exposure (relative to the life cycle of 
the organism) or exposure during a 
substantial portion of the duration of a 
sensitive period of the life cycle to a 
specific chemical substance or mixture 
of chemicals (as in an effluent). In 
absence of extended periods of 
exposure, early life stage or 
reproductive toxicity tests may be used 
to define chronic impacts. 

(14) Chronic value for aquatic life means the 
geometric mean of two concentrations 
identified in a controlled toxicity test as 
the No Observable Effect Concentration 
(NOEC) and the Lowest Observable 
Effect Concentration (LOEC). 

(15) Cluster development means the 
grouping of buildings in order to 
conserve land resources and provide for 
innovation in the design of the project 
including minimizing stormwater runoff 
impacts. This term includes 
nonresidential development as well as 
single-family residential subdivisions 
and multi-family developments. 

(16) {i5)Concentrations are the mass of a 
substance per volume of water and for 
the purposes of this Section will be 
expressed as milligrams per liter (mg/1), 
micrograms per liter (ug/1), or 
nanograms per liter (ng/1). 

(17) f4-6)Critical area means the area 
adjacent to a water supply intake or 
reservoir where risk associated with 
pollution is greater than from the 
remaining portions of the watershed. 
The critical area is defined as extending 
either 1/2 mile from the normal pool 
elevation of the reservoir in which the 
intake is located or to the ridge line of 
the watershed (whichever comes first); 
or 1/2 mile upstream from and draining 
to the intake (or other appropriate 
downstream location associated with the 
water supply) located directly in the 
stream or river (run-of-the-river), or to 
the ridge line of the watershed 
(whichever comes first). Since WS-I 
watersheds are essentially undeveloped, 
establishment of a critical area is not 
required. Local govenmients may 
extend the critical area as needed. 
Major landmarks such as highways or 
property lines may be used to delineate 



1990 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



the outer boundary of the critical area if 
these landmarks are immediately 
adjacent to the appropriate outer 
boundary of 1/2 mile. The Commission 
may adopt a different critical area size 
during the reclassification process. 

(18) (W)Critical habitat areas are defined for 
the purposes of the rules of this Section 
as those waters which are considered to 
be essential for the continued existence 
of an endangered or threatened species, 
and which are so designated by the NC 
Wildlife Resources Commission for 
animals or the NC Department of 
Agriculture for plants. 

(19) fi^Designated Nonpoint Source 
Agency means those agencies specified 
by the Governor in the North Carolina 
Nonpoint Source Management 
Program, as approved by the 
Environmental Protection Agency. 

(20) {^^Development means any land 
disturbing activity which adds to or 
changes the amount of impervious or 
partially impervious cover on a land 
area or which otherwise decreases the 
infiltration of precipitation into the soil. 

(21) Director means the Director of the 
Division of Environmental 
Management. 

(22) {30)Discharge is the addition of any 
man-induced waste effluent either 
directly or indirectly to state surface 
waters. 

(23) (2i^Division means the Division of 
Environmental Management or its 
successors. 

(24) (33)Domestic wastewater discharge 
means the discharge of sewage, 
non-process industrial wastewater, other 
domestic wastewater or any 
combination of these items. Unless 
excepted by the Director, domestic 
wastewater includes liquid waste 
generated by domestic water using 
fixtures and appliances, from any 
residence, place of business, or place of 
public assembly even if it contains no 
sewage. Examples of domestic 
wastewater include once-through 
non-contact cooling water, seafood 
packing facility discharges and 
wastewater from restaurants. 

(25) (i^EfHuent channel means a 
discemable confined and discrete 



conveyance which is used for 
transporting treated wastewater to a 
receiving stream or other body of water 
as provided in Rule .0215 of this 
Section. 

(26) (34)Existing development, for the 
purposes of these Rules, shall be 
defined as those projects that are built 
or those projects that at a minimum 
have established a vested right under 
North Carolina zoning law as of the 
effective date of the local government 
water supply ordinance, or such earlier 
time that an affected local government's 
manag e m e nt plan s and ordinances shall 
specify, based on at least one of the 
following criteria: 

(a) substantial expenditures of resources 
(time, labor, money) based on a good 
faith reliance upon having received a 
valid local government approval to 
proceed with the project, or 

(b) having an outstanding valid building 
permit in compliance with G.S. 
153A-344.1 or G.S. 160A-385.1, or 

(c) having e xp e nd e d substantial r e aourc e s 
(tim e , labor, mon e y) and having an 
approved site specific or phased 
development plan in compliance with 
G.S. 153A-344.1 or G.S. 
160A-385.1. 

(27) (S^Existing uses mean uses actually 
attained in the water body, in a 
significant and not incidental manner, 
on or after November 28, 1975, 
whether or not they are included in the 
water quality standards, which either 
have been actually available to the 
public or are uses deemed attainable by 
the Environmental Management 
Commission. At a minimum, uses shall 
be deemed attainable if they can be 
achieved by the imposition of effluent 
limits and cost-effective and reasonable 
best management practices (BMRs) for 
nonpoint source control. 

(28) {36)Fishing means the taking of fish by 
sport or commercial methods as well as 
the consumption of fish or shellfish or 
the propagation of fish and such other 
aquatic life as is necessary to provide a 
suitable environment for fish. 

(29) {37)Freshwater means all waters that 
under natural conditions would have a 
chloride ion content of 500 mg/1 or 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1991 



PROPOSED RULES 



less. 
Hozardouo 



(38) Hozardouo mat e rial m e ans asy 

substono e list e d an ouoh in: Sup)erfund 
j\mendm e ntfl and R e authorization Act 

(SARA) S e otion 303 Extr e m e ly 

Hazardous Substonooo (42 USC 11000 
ot Doq.), Compr e hensiv e Environme atat 
Rospono e . Compensation and Liability' 
Act (CERCLA) Hazardous Substanc e s 
( 4 2 USC 9601 e t o e q.) or S e otion 311 
of the Cl e an Wat e r Aot (C\VA), as 
amend e d (33 USC 1251 e t o e q.; oil and 

hazardous oubstanoao) h e r e by 

incorporat e d by r e f e r e nc e including any 
subs e qu e nt amendments and e ditions. 
This material i o availabl e for insp e ction 
at — tbe — D e partm e nt — of Environmont. 

Health, afid Natural R e sources. 

Division e-f Environm e ntal 

Managem e nt. — §4-3 — North — Salisbury 

Str ee t. Ral e igh. North Carolina. 

Copi e s of Si\Ri\ and CERCLA may b e 
obtain e d as a singl e packag e from th e 
Sup e rintend e nt — ef — Docum e nts. — Ur^ 

Governm e nt Printing Offic e , 

Washington. D.C. 20 4 02 9325 at a coot 
ef — efie — hundred — aad — eae — dollars 
($101.00). — Copies of CWA may bo 
obtain e d from the Superint e nd e nt of 
Documents, U.S. Gov e rnm e nt Prin ttag 
Office. Washington. D.C. 20402 9325 
at a cost of fifty dollars ($50.00). 

(30) {39)Industrial discharge means the 
discharge of industrial process treated 
wastewater or wastewater other than 
sewage and includes: 

(a) wastewater resulting from any process 
of industry or manufacture, or from 
the development of any natural 
resource; 

(b) wastewater resulting from processes 
of trade or business, including 
wastewater from laundromats and car 
washes, but not wastewater from 
restaurants; 

(c) stormwater will not be considered to 
be an industrial wastewater unless it is 
contaminated with industrial 
wastewater; or 

(d) wastewater discharged from a 
municipal wastewater treatment plant 
requiring a pretreatment program. 

(31) {3O)LC50 means that concentration of a 
toxic substance which is lethal (or 
immobilizing, if appropriate) to 50 



percent of the organisms tested during 
a specified exposure period. The LC50 
concentration for toxic materials shall 
be determined for sensitive species as 
defined by Subparagraph (43) of this 
Rule under aquatic conditions 
characteristic of the receiving waters. 

(32) (34)Local government means a city or 
county in singular or plural as defined 
in G.S. 160A-1(2) and G.S. 158A-10. 

(33) {^3)Lower piedmont and coastal plain 
waters mean those waters of the 
Catawba River Basin below Lookout 
Shoals Dam; the Yadkin River Basin 
below the junction of the Forsyth, 
Yadkin, and Davie County lines; and 
all of the waters of Cape Fear, Lumber, 
Roanoke, Neuse, Tar-Pamlico, 
Chowan, Pasquotank, and White Oak 
River Basins; except tidal salt waters 
which are assigned S classifications. 

(34) {^MF is an abbreviation for the 
membrane filter procedure for 
bacteriological analysis. 

(35) Major variance means a variance from 
the minimum statewide watershed 
protection rules that results in the 
relaxation, by a factor greater than five 
percent of any bufi'er, density or built- 
upon area requirement under the high 
density option; any variation in the 
design, maintenance or operation 
requirements of a wet detention pond or 
other approved stormwater management 
system; or relaxation by a factor greater 
than 10 percent, of any management 
requirement under the low density 
option. 

(36) Minor variance means a variance from 
the minimum statewide watershed 
protection rules that results in a 
relaxation, by a factor of up to five 
percent of any buffer, density or built- 
upon area requirement under the high 
density option; or that results in a 
relaxation by a factor up to 10 percent. 
of any management requirement under 
the low density option. 

(37) (34)Mixing zone means a region of the 
receiving water in the vicinity of a 
discharge within which dispersion and 
dilution of constituents in the discharge 
occurs and such zones shall be subject 
to conditions established in accordance 
with 15A NCAC 2B .0204(b). 



1992 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



(38") ^^Mountain and upper piedmont 
waters mean all of the waters of the 
Hiwassee; Little Tennessee, including 
the Savannah River drainage area; 
French Broad; Broad; New; and 
Watauga River Basins; and those 
portions of the Catawba River Basin 
above Lookout Shoals Dam and the 
Yadkin River Basin above the junction 
of the Forsyth, Yadkin, and Davie 
County lines. 

(39) Nonconforming lot of record means a 
lot described by a plat or a deed that 
was recorded prior to the effective date 
of local watershed regulations (or their 
amendments) that does not meet the 
minimum lot-size or other development 
requirements of these Rules. 

(40) {M)Nonpoint source pollution means 
pollution which enters waters mainly as 
a result of precipitation and subsequent 
runoff from lands which have been 
disturbed by man's activities and 
includes all sources of water pollution 
which are not required to have a permit 
in accordance with G.S. 143-2 15. 1(c). 

(41) (^^Non-process discharge means 
industrial effluent not directly resulting 
from the manufacturing process. An 
example would be non-contact cooling 
water from a compressor. 

(42) {5S)Nutrient sensitive waters mean 
those waters which are so designated in 
the classification schedule in order to 
limit the discharge of nutrients (usually 
nitrogen and phosphorus). They are 
designated by "NSW" following the 
water classification. 

(43) (^9)Offensive condition means any 
condition or conditions resulting from 
the presence of sewage, industrial 
wastes or other wastes within the 
waters of the state or along the 
shorelines thereof which shall either 
directly or indirectly cause foul or 
noxious odors, unsightly conditions, or 
breeding of abnormally large quantities 
of mosquitoes or other insect pests, or 
shall damage private or public water 
supplies or other structures, result in 
the development of gases which destroy 
or damage surrounding property, 
herbage or grasses, or which may cause 
the impairment of taste, such as from 
fish flesh tainting, or affect the health 



of any person residing or working in 
the area. 

(44) (4©)Primary Nursery Areas (PNAs) are 
tidal saltwaters which provide essential 
habitat for the early development of 
commercially important fish and 
shellfish and are so designated by the 
Marine Fisheries Commission. 

(45) (4+>Primary recreation includes 
swimming, skin diving, skiing, and 
similar uses involving human body 
contact with water where such activities 
take place in an organized or on a 
frequent basis. 

(46) f45)Protected area means the area 
adjoining and upstream of the critical 
area in a WS-IV water supply in which 
protection measures are required. The 
boundaries of the protected areas are 
defined as e xt e nding — frve — miles 
upstream within five miles of the 
normal pool elevation of the reservoir 
and draining to water supply reservoirs 
(measured from the normal pool 
elevation) or to the ridge line of the 
watershed (whichever comes first); or 
10 miles upstream and draining to the 
intake located directly in the stream or 
river (run-of-the-river), or to the ridge 
line of the watershed (whichever comes 
first). Local governments may extend 
the protected area. Major landmarks 
such as highways or property lines may 
be used to delineate the outer boundary 
of the protected area if these landmarks 
are immediately adjacent to the 
appropriate outer boundary of five or 
10 miles. In some cases the protected 
area will encompass the entire 
watershed. The Commission may adopt 
a different protected area size during 
the reclassification process. 

(47) {4^Residential development means 
buildings for residence such as attached 
and detached single femily dwellings, 
apartment complexes, condominiums, 
townhouses, cottages, etc. and their 
associated outbuildings such as garages, 
storage buildings, gazebos, etc. 

(48) f44)Secondary recreation includes 
wading, boating, other uses not 
involving human body contact with 
water, and activities involving human 
body contact with water where such 
activities take place on an infrequent. 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1993 



PROPOSED RULES 



unorganized, or incidental basis. 

(49) {4§)Sensitive species for aquatic toxicity 
testing is any species utilized in 
procedures accepted by the Commission 
or its designee in accordance with Rule 
.0103 of this Subchapter, or the 
following genera: 

(a) Daphnia; 

(b) Ceriodaphnia; 

(c) Salmo; 

(d) Pimephales; 

(e) Mysidopsis; 

(f) Champia; 

(g) Cyprinodon; 
(h) Arbacia; 

(i) Penaeus; 

(j) Menidia; 

(k) Notropis; 

(1) Salvelinus; 

(m) Oncorhynchus; 

(n) Selenastrum. 

Other genera may be accepted by the 
Commission or its designee on a 
case-by-case basis. 

(50) (46)Shellfish culture includes the use of 
waters for the propagation, storage and 
gathering of oysters, clams, and other 
shellfish for market purposes. 

(51) ( 4 7)Sludg e /reoidualo Residuals means 
any solid or semisolid waste generated 
from a wastewater treatment plant, 
water treatment plant or air pollution 
control facility permitted under the 
authority of the Environmental 
Management Commission. 

(52) Storm water collection system means 
any conduit, pipe, channel, curb or 
gutter for the primary purpose of 
transporting (not treating) runoff. A 
storm water collection system does not 
include vegetated swales, swales 
stabilized with armoring or alternative 
methods where natural topography 
prevents the use of vegetated swales 
(subject to case-by-case review), curb 
outlet systems or pipes used to carry 
drainage underneath built-upon surfaces 
that are associated with development 
controlled by the provisions of 15A 
NCAC 2H .1003(c)(1). 

(53) (48)Source of water supply for 
drinking, culinary or food-processing 
purposes means any source, either 
public or private, the waters from 
which are used for human consumption, 



or used in connection with the 
processing of milk, beverages, food, or 
other purpose which requires water 
suitable for human consumption. 

(54) f49)Swamp waters mean those waters 
which are classified by the 
Environmental Management 
Commission and which are 
topographically located so as to 
generally have very low velocities and 
certain other characteristics which are 
different from adjacent streams draining 
steeper topography. They are 
designated by "Sw" following the water 
classification. 

(55) (50)Tidal salt waters mean all tidal 
waters which are classified by the 
Environmental Management 
Commission which generally have a 
natural chloride ion content in excess of 
500 parts per million and include all 
waters assigned S classifications. 

(56) {^i^Toxic substance or toxicant means 
any substance or combination of 
substances (including disease-causing 
agents), which after discharge and upon 
exposure, ingestion, inhalation, or 
assimilation into any organism, either 
directly from the environment or 
indirectly by ingestion through food 
chains, has the potential to cause death, 
disease, behavioral abnormalities, 
cancer, genetic mutations, physiological 
malfunctions (including malfunctions or 
suppression in reproduction or growth) 
or physical deformities in such 
organisms or their offspring. 

(57) (§3)Trout waters are those waters 
which have conditions which will 
sustain and allow for trout propagation 
and survival of stocked trout on a 
year-round basis. These waters are 
classified by the Commission after 
considering the requirements of Rule 
.0101(b) and (c) of this Subchapter and 
include all waters designated by "Tr" in 
the water classification. 

(58) (5^Waste disposal includes the use of 
waters for disposal of sewage, 
industrial waste or other waste after 
approved treatment. 

(59) {§4)Water dependent structures are 
those structures for which the use 
requires access or proximity to or siting 
within surfece waters to fulfill its basic 



1994 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



purpose, such as boat ramps, boat 
houses, docks and bulkheads. 
Ancillary fecilities such as restaurants, 
outlets for boat supplies, parking lots 
and commercial boat storage areas are 
not water dependent structures. 

(60) {§5)Water quality based effluent limits 
and best management practices are 
limitations or best management 
practices developed by the Division for 
the purpose of protecting water quality 
standards and best usage of surfece 
waters consistent with the requirements 
of Gonortil Statute G.S. 143-214.1 and 
the Federal Water Pollution Control Act 
as amended. 

(61) (5^ Waters with quality higher than the 
standards means all waters for which 
the determination of waste load 
allocations (pursuant to Rule .0206 of 
this Section) indicates that water quality 
is sufficiently greater than that defined 
by the standards such that significant 
pollutant loading capacity still exists in 
those waters. 

(62) f§^Watershed means the entire land 
area contributing surface drainage to a 
specific point. For the purposes of the 
water supply protection rules (15A 
NCAC 2B .0211) local governments 
may use major landmarks such as 
highways or property lines to delineate 
the outer boundary of the drainage area 
if these landmarks are immediately 
adjacent to the ridgeline. 

Statutory Authority G.S. 143-214.1; 
143-215. 3(a)(1). 

.0211 FRESH SURFACE WATER 
CLASSIFICATIONS AND 
STANDARDS 

(a) General. The water quality standards for all 
fresh surface waters are the basic standards 
applicable to Class C waters. Additional and more 
stringent standards applicable to other specific 
freshwater classifications are specified in 
Paragraphs (c) through (f) of this Rule. 

(b) All fresh surfece waters (Class C). 

(1) Best Usage of Waters. Aquatic life 
propagation and maintenance of 
biological integrity (including fishing, 
and fish), wildlife, secondary 
recreation, agriculture and any other 
usage except for primary recreation or 



as a source of water supply for 
drinking, culinary or food processing 
purposes; 

(2) Conditions Related to Best Usage. The 
waters will be suitable for aquatic life 
propagation and maintenance of 
biological integrity, wildlife, secondary 
recreation, and agriculture; sources of 
water pollution which preclude any of 
these uses on either a short-term or 
long-term basis will be considered to be 
violating a water quality standard; 

(3) Quality standards applicable to all fresh 
surface waters: 

(A) Chlorophyll a (corrected): not greater 
than 40 ug/1 for lakes, reservoirs, and 
other slow-moving waters not 
designated as trout waters, and not 
greater than 15 ug/1 for lakes, 
reservoirs, and other slow-moving 
waters designated as trout waters (not 
applicable to lakes and reservoirs less 
than ten 10 acres in surfece area); the 
Commission or its designee may 
prohibit or limit any discharge of 
waste into surface waters if, in the 
opinion of the Director, the surface 
waters experience or the discharge 
would result in growths of 
microscopic or macroscopic 
vegetation such that the standards 
established pursuant to this Rule 
would be violated or the intended best 
usage of the waters would be 
impaired; 

(B) Dissolved oxygen: not less than 6.0 
mg/1 for trout waters; for non-trout 
waters, not less than a daily average 
of 5.0 mg/1 with a minimum 
instantaneous value of not less than 
4.0 mg/1; swamp waters, lake coves 
or backwaters, and lake bottom 
waters may have lower values if 
caused by natural conditions; 

(C) Floating solids; settleable solids; 
sludge deposits: only such amounts 
attributable to sewage, industrial 
wastes or other wastes as will not 
make the water unsafe or unsuitable 
for aquatic life and wildlife or impair 
the waters for any designated uses; 

(D) Gases, total dissolved: not greater 
than 110 percent of saturation; 

(E) Organisms of the coliform group: 
fecal conforms not to exceed a 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1995 



PROPOSED RULES 



geometric mean of 200/ 100ml (MF 
count) based upon at least five 
consecutive samples examined during 
any 30 day period; nor exceed 
400/ 100ml in more than 20 percent of 
the samples examined during such 
period; violations of the fecal 
coliform standard are expected during 
rainfall events and, in some cases, 
this violation is expected to be caused 
by uncontrollable nonpoint source 
pollution; all coliform concentrations 
are to be analyzed using the 
membrane filter technique unless high 
turbidity or other adverse conditions 
necessitate the tube dilution method; 
in case of controversy over results, 
the MPN 5-tube dilution technique 
will be used as the reference method; 

(F) Oils; deleterious substances; colored 
or other wastes: only such amounts as 
will not render the waters injurious to 
public health, secondary recreation or 
to aquatic life and wildlife or 
adversely affect the palatability of 
fish, aesthetic quality or impair the 
waters for any designated uses; for 
the purpose of implementing this 
Rule, oils, deleterious substances, 
colored or other wastes will include 
but not be limited to substances that 
cause a film or sheen upon or 
discoloration of the surface of the 
water or adjoining shorelines pursuant 
to 40 CFR 110.4(a)-(b) which are 
hereby incorporated by reference 
including any subsequent amendments 
and additions. This material is 
available for inspection at the 
Department of Environment, Health, 
and Natural Resources, Division of 
Environmental Management, 512 
North Salisbury Street, Raleigh, 
North Carolina. Copies may be 
obtained from the Superintendent of 
Documents, U.S. Government 
Printing Office, Washington, DC. 
20402-9325 at a cost of thirteen 
dollars ($13.00). 

(G) pH: shall be normal for the waters in 
the area, which generally shall range 
between 6.0 and 9.0 except that 
swamp waters may have a pH as low 
as 4.3 if it is the result of natural 
conditions; 



(H) Phenolic compounds: only such levels 
as will not result in fish-flesh tainting 
or impairment of other best usage; 
(I) Radioactive substances: 

(i) Combined radium-226 and 

radium-228: the maximum 

average annual activity level 

(based on at least four samples 

collected quarterly) for combined 

radium-226 and radium-228 shall 

not exceed five picoCuries per 

liter; 

(ii) Alpha Emitters: the average 

annual gross alpha particle 

activity (including radium-226, 

but excluding radon and uranium) 

shall not exceed 1 5 picoCuries per 

liter; 

(iii) Beta Emitters: the maximum 

average annual activity level 

(based on at least four samples, 

collected quarterly) for 

strontium-90 shall not exceed 

eight picoCuries per liter; nor 

shall the average annual gross 

beta particle activity (excluding 

potassium-40 and other naturally 

occurring radio-nuclides) exceed 

50 picoCuries per liter; nor shall 

the maximum average aimual 

activity level for tritium exceed 

20,000 picoCuries per liter; 

(J) Temperature: not to exceed 2.8 

degrees C (5.04 degrees F) above the 

natural water temperature, and in no 

case to exceed 29 degrees C (84.2 

degrees F) for mountain and upper 

piedmont waters and 32 degrees C 

(89.6 degrees F) for lower piedmont 

and coastal plain waters. The 

temperature for trout waters shall not 

be increased by more than 0.5 

degrees C (0.9 degrees F) due to the 

discharge of heated liquids, but in no 

case to exceed 20 degrees C (68 

degrees F); 

(K) Turbidity: the turbidity in the 

receiving water will not exceed 50 

Nephelometric Turbidity Units (NTU) 

in streams not designated as trout 

waters and 10 NTU in streams, lakes 

or reservoirs designated as trout 

waters; for lakes and reservoirs not 

designated as trout waters, the 

turbidity will not exceed 25 NTU; if 



1996 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



turbidity exceeds these levels due to 

natural background conditions, the 

existing turbidity level cannot be 

increased. Compliance with this 

turbidity standard can be met when 

land management activities employ 

Best Management Practices (BMft) 

[as defined by Rule .0202(6) of this 

Section] recommended by the 

Designated Nonpoint Source Agency 

[as defined by Rule .0202 of this 

Section]. BMPs must be in full 

compliance with all specifications 

governing the proper design, 

installation, operation and 

maintenance of such BMPs; 

(L) Toxic substances: numerical water 

quality standards (maximum 

permissible levels) to protect aquatic 

life applicable to all fresh surface 

waters: 

(i) Arsenic: 50 ug/1; 

(ii) Beryllium: 6.5 ug/1; 

(iii) Cadmium: 0.4 ug/1 for trout 

waters and 2.0 ug/1 for non-trout 

waters; 

(iv) Chlorine, total residual: 17 ug/1 

for trout waters (Tr); (Action 

Level of 17 ug/1 for all waters not 

classified as trout waters (Tr); see 

Paragraph (b)(4) of this Rule); 

(v) Chromium, total recoverable: 50 

ug/1; 
(vi) Cyanide: 5.0 ug/1; 
(vii) Fluorides: 1 .8 mg/1; 
(viii) Lead, total recoverable: 25 ug/1; 
collection of data on sources, 
transport and fete of lead will be 
required as part of the toxicity 
reduction evaluation for 
dischargers that are out of 
compliance with whole effluent 
toxicity testing requirements and 
the concentration of lead in the 
effluent is concomitantly 
determined to exceed an instream 
level of 3.1 ug/1 from the 
discharge; 
(ix) MBAS (Methylene-Blue Active 

Substances): 0.5 mg/1; 
(x) Mercury: 0.012 ug/1; 
(xi) Nickel: 88 ug/1; 
(xii) Pesticides: 

(I) Aldrin: 0.002 ug/1; 
(II) Chlordane: 0.004 ug/1; 



(III) DDT: 0.001 ug/1; 

(IV) Demeton: O.I ug/1; 
(V) Dieldrin: 0.002 ug/1; 

(VI) Endosulfen: 0.05 ug/1; 
(VII) Endrin: 0.002 ug/1; 
(VIII) Guthion: 0.01 ug/1; 
(IX) Heptachlor: 0.004 ug/1; 
(X) Lindane: 0.01 ug/1; 
(XI) Methoxychlor: 0.03 ug/1; 
(XII) Mirex: 0.001 ug/1; 

(XIII) Parathion: 0.013 ug/1; 

(XIV) Toxaphene: 0.0002 ug/1; 
(xiii) Polychlorinated biphenyls: 0.(X)1 

ug/1; 
(xiv) Selenium: 5 ug/1; 
(xv) Toluene: 11 ug/1 or 0.36 ug/1 in 

trout waters; 
(xvi) Trialkyltin compounds: 0.008 

ug/1 expressed as tributyltin. 
(4) Action Levels for Toxic Substances: if 
the Action Levels for any of the 
substances listed in this Subparagraph 
(which are generally not 
bioaccumulative and have variable 
toxicity to aquatic life because of 
chemical form, solubility, stream 
characteristics or associated waste 
characteristics) are determined by the 
waste load allocation to be exceeded in 
a receiving water by a discharge under 
the specified low flow criterion for 
toxic substances (Rule .0206 in this 
Section), the discharger will be required 
to monitor the chemical or biological 
eff^ects of the discharge; efforts shall be 
made by all dischargers to reduce or 
eliminate these substances from their 
effluents. Those substances for which 
Action Levels are listed in this 
Subparagraph will be limited as 
appropriate in the NPDES permit based 
on the Action Levels listed in this 
Subparagraph if sufficient information 
(to be determined for metals by 
measurements of that portion of the 
dissolved instream concentration of the 
Action Level parameter attributable to 
a specific NPDES permitted discharge) 
exists to indicate that any of those 
substances may be a significant 
causative fector resulting in toxicity of 
the eflauent; 

(A) Copper: 7 ug/1; 

(B) Iron: 1.0 mg/1; 

(C) Silver: 0.06 ug/1; 



9:23 



NORTH CAROLINA REGISTER 



March I, 1995 



1997 



PROPOSED RULES 



(D) Zinc: 50 ug/1; 

(E) Chloride: 230 mg/1; 

(F) Chlorine, total residual: 17 ug/1 in all 
waters except trout waters (Tr); [a 
standard of 17 ug/1 exists for waters 
classified as trout waters and is 
applicable as such to all dischargers to 
trout waters; see Subparagraph 
(b)(3)(L)(iv)of this Rule]; 

For purposes other than consideration of NPDES 
permitting of point source discharges as described 
in this Subparagraph, the Action Levels in this 
Rule, as measured by an appropriate analytical 
technique, will be considered as numerical ambient 
water quality standards, 
(c) Class WS-I Waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or 
food-processing purposes for those 
users desiring maximum protection of 
their water supplies, waters located on 
land in public ownership, and any best 
usage specified for Class C waters; 

(2) Conditions Related to the Best Usage. 
Waters of this class are protected water 
supplies within essentially natural and 
undeveloped watersheds with no 
permitted point source dischargers 
except those specified in Rule .0104 of 
this Subchapter; waters within this class 
must be relatively uniropacted by 
nonpoint sources of pollution; land use 
management programs are required to 
protect waters from nonpoint source 
pollution; the waters, following 
treatment required by the Division of 
Environmental Health, will meet the 
Maximum Contaminant Level 
concentrations considered safe for 
drinking, culinary, and food-processing 
purposes which are specified in the 
national drinking water regulations and 
in the North Carolina Rules Governing 
Public Water Supplies, 15A NCAC 
18C .1500; sources of water pollution 
which preclude any of these uses on 
either a short-term or long-term basis 
will be considered to be violating a 
water quality standard. The Class WS-I 
classification may be used to protect 
portions of Class WS-H, WS-III and 
WS-IV water supplies. For 
reclassifications occurring after the July 
1, 1992 statewide reclassification, the 
more protective classification requested 



by local governments will be considered 
by the Commission when all local 
governments having jurisdiction in the 
affected area(s) have adopted a 
resolution and eflFective appropriate 
ordinances to protect the watershed or 
the Commission acts to protect a 
watershed when one or more local 
governments has failed to adopt 
necessary protection measures. 
(3) Quality Standards Applicable to Class 
WS-I Waters: 

(A) Nonpoint Source Pollution: none that 
would adversely impact the waters for 
use as a water supply or any other 
designated use; 

(B) Organisms of coliform group: total 
coliforms not to exceed 50/100 ml 
(MF count) as a monthly geometric 
mean value in watersheds serving as 
unfiltered water supplies; 

(C) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
from chlorinated phenols; 

(D) Sewage, industrial wastes: none 
except those specified in 
Subparagraph (2) of this Paragraph; 
or Rule .0104 of this Subchapter; 

(E) Solids, total dissolved: not greater 
than 500 mg/1; 

(F) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(G) Toxic and other deleterious 
substances: 

(i) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
non-carcinogens in Class WS-I 
waters: 
(I) Barium: 1.0 mg/1; 
(11) Chloride: 250 mg/1; 
(III) Manganese: 200 ug/1; 
aV) Nickel: 25 ug/1; 
(V) Nitrate nitrogen: 10.0 mg/1; 
(VI) 2,4-D: 100 ug/1; 
(VII) 2,4,5-TP (Silvex): 10 ug/1; 
(VIII) Sulfates: 250 mg/1; 
(ii) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 



1998 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



carcinogens in Class WS-I waters: 
(I) Beryllium: 6.8 ng/1; 
(II) Benzene: 1.19 ug/1; 

(III) Carbon tetrachloride: 0.254 
ug/1; 

(IV) Chlorinated benzenes: 488 
ug/1; 

(V) Dioxin: 0.000013 ng/1; 
(VI) Hexachlorobutadiene: 0.445 

ug/1; 
(VII) Polynuclear aromatic 

hydrocarbons: 2.8 ng/1; 
(VIII) Tetrachloroethane (1,1,2,2): 
0.172 ug/1; 
(IX) Tetrachloroethylene: 0.8 ug/1; 
(X) Trichloroethylene: 3.08 ug/1; 
(XI) Vinyl Chloride: 2 ug/1; 
(XII) Aldrin: 0.127 ng/1; 

(XIII) Chlorfane: 0.575 ng/1; 

(XIV) DDT: 0.588 ng/1; 
(XV) Dieldrin: 0.135 ng/1; 

(XVI) Heptachlor: 0.208 ng/1. 
(d) Class WS-II Waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or 
food-processing purposes for those 
users desiring maximum protection for 
their water supplies where a WS-I 
classification is not feasible and any 
best usage specified for Class C waters. 

(2) Conditions Related to Best Usage. 
Waters of this class are protected as 
water supplies which are generally in 
predominantly undeveloped watersheds; 
discharges which qualify for a General 
Permit pursuant to 15A NCAC 2H 
.0127, trout farm discharges, recycle 
(closed loop) systems that only 
discharge in response to 10-year storm 
events and other stormwater discharges 
are allowed in the entire watershed; 
new domestic and industrial discharges 
of treated wastewater are not allowed in 
the entire watershed; the waters, 
following treatment required by the 
Division of Environmental Health, will 
meet the Maximum Contaminant Level 
concentrations considered safe for 
drinking, culinary, and food-processing 
purposes which are specified in the 
national drinking water regulations and 
in the North Carolina Rules Governing 
Public Water Supplies, 15 A NCAC 
18C .1500; sources of water pollution 
which preclude any of these uses on 



either a short-term or long-term basis 
will be considered to be violating a 
water quality standard. The Class 
WS-II classification may be used to 
protect portions of Class WS-III and 
WS-IV water supplies. For 

reclassifications of these portions of 
Class WS-III and WS-IV water supplies 
occurring after the July 1, 1992 
statewide reclassification, the more 
protective classification requested by 
local governments will be considered by 
the Commission when all local 
governments having jurisdiction in the 
affected area(s) have adopted a 
resolution and effective appropriate 
ordinances to protect the watershed or 
the Commission acts to protect a 
watershed when one or more local 
governments has failed to adopt 
necessary protection measures. 
(3) Quality Standards Applicable to Class 
WS-II Waters: 

(A) Sewage, industrial wastes, 
non-process industrial wastes, or other 
wastes: none except for those 
specified in either Subparagraph (2) of 
this Paragraph and Rule .0104 of this 
Subchapter; and none which will have 
an adverse effect on human health or 
which are not effectively treated to 
the satisfaction of the Commission 
and in accordance with the 
requirements of the Division of 
Environmental Health, North Carolina 
Department of Environment, Health, 
and Natural Resources; any 
discharger may be required upon 
request by the Commission to disclose 
all chemical constituents present or 
potentially present in their wastes and 
chemicals which could be spilled or 
be present in runoff from their fecility 
which may have an adverse impact on 
downstream water quality; these 
facilities may be required to have spill 
and treatment failure control plans as 
well as perform special monitoring for 
toxic substances; 

(B) Nonpoint Source and Stormwater 
Pollution: none that would adversely 
impact the waters for use as a water 
supply or any other designated use; 

(i) Nonpoint Source and Stormwater 
Pollution Control Criteria For 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



1999 



PROPOSED RULES 



Entire Watershed: 
(I) Low Density Option: 
Development density must be 
limited to either no more than 
one dwelling unit per acre of 
single family detached 
residential development or one 
duplex (or 40.000 square foot 
lot excluding road frontage) or 
12 percent built-upon area for 
all other residential and non- 
residential development in the 
watershed outside of the 
critical area; Storm water 
runoff from the development 
shall be transported by 
vegetated conveyances to the 
maximum extent practicable: 
(II) High Density Option: If new 
development exceeds e ith e r 
one dwelling unit p e r acr e or 
1 2 p e rc e nt built upon area , the 
1 o w density option 
requirements as stated in 
Subparagraph (d)(B)(i)(D of 
this Rule, then engineered 
stormwater controls must be 
used to control runoff from the 
first inch of rainfall; new 
rooidontiol and non r e sid e ntial 
development not to exceed 30 
percent built-upon area; 

(III) Land within the watershed will 
be deemed compliant with the 
density requirements if the 
following two conditions are 
met: The density of all 
existing development at the 
time of reclassification moots 
does not exceed the density 
requirement when densities are 
averaged throughout the entire 
watershed area at the time of 
classification; A-H — a«w 
dovolopm e nt m ee ts this d e nsity 

r e quir e m e nt e-* a 

proj e ct by proj e ct basis ; 

(IV) Clust e ring ef Cluster 

development is allowed on a 
project-by-project basis as 
follows: 

(1) Overall density of the 
project meets associated 
density or stormwater control 
requirements; 



{2} Buffers 

minimum statewide 



meet the 
water 



(V) 



su pply watershed protection 
requirements; 

(3) Built-upon areas shall be 
are designed and sited to 
minimize stormwater runoff 
impact to the receiving waters^ 
aed minimize concentrated 
stormwater flow^^ maximize the 
use of sheet flow through 
vegetated areas, and maximize 
the flow length through 
vegetated areas ; 

(4) Areas of concentrated 
development are located in 
upland areas and away, to the 
maximum extent practicable, 
from surface waters and 
drainageways; 

(5) Remainder of tract to 
remain in vegetated or natural 
state; 

(6) Where the development 
has an incorporated property 
owners association, the title of 
the open space shall be 
conveyed to the association for 
management. Where a 
property owners association is 
not incorporated . a 
maintenance agreement shall 
be filed with the property 
deeds; and 

(7) Cluster development that 
meets the applicable low 
density option requirements 
shall transport stormwater 
runoff from the development 
by vegetated conveyances to 
the maximum extent 
practicable; 

A maximum of #ve 10 percent 
of each jurisdiction's portion 
of the watershed outside of the 
critical area as delineated on 
July 1, 1993 may be developed 
with new non resid e ntial 
development projects and 
ex pansions of existing 
development of up to 70 
percent built-upon surfece area 
in addition to the new eea- 
rosid e ntial development 
approved in compliance with 



2000 



NORTH CAROLINA REGISTER 



March I, 1995 



9:23 



PROPOSED RULES 



the appropriate requirements of 
Subparagraphs (d)(3)(B)(i)(I) 
or (d)(3)(B)(i)ai) of this 
Paragraph. For expansions to 
existing development, the 
existing built-upon surface area 
is not counted toward the 
allowed 70 percent built-upon 
surface area. Th e Commisoion 

mt^ allow TO p e rc e nt 

built upon ar e a on gr e at e r than 
fiv e p e rc e nt but not to oxoood 
4-0 — p e rc e nt — e-f — e ach 
juriodiotion's — portion — of th e 
doaignatod — wat e rsh e d — outaid e 
of th e critical ar e a for now 
non roflid e ntial — d e v e lopm e nt. 
A local government having 
jurisdiction within the 
watershed may transfer, in 
whole or in part, its right to 
the 10 percent/70 percent land 
area to another local 
government within the 
watershed upon submittal of a 
joint resolution and approval 
by the Commission. When the 
water supply watershed is 
composed of public lands, such 
as National Forest land, local 
governments may count the 
public land acreage within the 
watershed outside of the 
critical area in calculating the 
acreage allowed under this 
provision. For local 

governments that do not 
choose to use the high density 
option in that WS-II 
watershed, each Each project 
must^ to the maximum extent 
practicable minimize 
built-upon surface area, direct 
stormwater runoff away from 
surface waters and incorporate 
best management practices to 
minimize water quality 
impacts; if the local 
government opts for selects the 
high density development 
option within that WS-II 
watershed, then appropriat e 
engineered stormwater controls 
(w e t d e t e ntion booino) must be 
employed for the new 



non r e oidontial development 
which oxo e odo the low d e nsity 
r e quir e ments ; 

(VI) If local governments choose 
the high density development 
option which requires 
stormwater controls, then they 
will assume ultimate 
responsibility for operation and 
maintenance of the required 
controls as outlined in Rule 
.0104(f) of this Subchapter; 
(VII) Minimum 100 foot vegetative 
buffer is required for all new 
development activities that 
exceed the low density option 
requirements as specified in 
Subparagraphs (d)(3)(B)(i)(I) 
or (d)(3)(B)(ii)(II) of this 
Paragraph; otherwise a 
minimum 30 foot vegetative 
buffer for development 
activities is required along all 
perennial waters indicated on 
the most recent versions of 
U.S.G.S. 1:24,000 (7.5 
minute) scale topographic 
maps or as determined by local 
government studies; nothing in 
this Section shall stand as a 
bar to desirable artificial 
streambank or shoreline 
stabilization; 
(VIII) No new development is 
allowed in the buffer; water 
dependent structures, or other 
structures such as flag poles, 
signs and security lights, 
which result in only diminimus 
increased in impervious area 
and public projects such as 
road crossings and greenways 
may be allowed where no 
practicable alternative exists; 
these activities shall minimize 
built-upon surface area, direct 
runoff away from the surface 
waters and maximize the 
utilization of BMPs; 

{IX) Maintain — inv e ntory — ef — aH 

hazordouB materials us e d and 
9tet«d — m — tb« — ^ptorBh e d; 
s pill/fhilure containm e nt plan 
aad — appropriat e — saf e guards 
against contamination are 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2001 



PROPOSED RULES 



r e quir e d; — waste — minimization 
and appropriate r e oyoling of 
materials io enooumg e d; 

(IX) (X)No ftew disoharging 

landfills — are — allow e d No 

NPDES permits will be issued 

for landfills that discharge 

treated leachate; 

(ii) Critical Area Nonpoint Source 

and Stormwater Pollution Control 

Criteria: 

(I) N e w industrial d e v e lopm e nt is 

r e quir e d — te incorporate 

ad e quat e ly designed , 

oonstruotcd — aed — maintain e d 
spill oontaiimi e nt structur e s if 
hazardous materials [a s d e fined 
by 15A NCAC 2B .0202] arc 

e ith e r used, stor e d &r 

manufactur e d on th e pr e mis e s; 
£1} {H)Lx)w Density Option: New 
development is limited to 
either no more than one 
dwelling unit of single family 
detached residential 
development or one duplex per 
two acres {or 80,000 square 
foot lot excluding road 
frontage) or six percent 
built-upon area for all other 
residential and non-residential 
development; Stormwater 

runoff from the development 
shall be transported by 
vegetated conveyances to the 
maximum extent practicable ; 

OD {lH)High Density Option: If 
new development density 
exceeds e ith e r — ©ae — dwelling 
tteit — pef — twe — acr e s — er — 9« 
p e rc e nt built upon area the low 
density requirements specified 
i n Subparagraph 
(d) (3) (B)(ii) (I) . then engineered 
stormwater controls must be 
used to control runoff from the 
first inch of rainfall; new 
residential and non-residential 
development density not to 
exceed 24 percent built-upon 
area; 

(III) (tV)No new permitted sites for 
land application of sludg e / 
residuals or petroleum 
contaminated soils are allowed; 



qV) {V)No new landfills are 
allowed; 

(C) Odor producing substances contained 
in sewage or other wastes: only such 
amounts, whether alone or in 
combination with other substances or 
wastes, as will not cause: taste and 
odor difficulties in water supplies 
which caimot be corrected by 
treatment, impair the palatability of 
fish, or have a deleterious effect upon 
any best usage established for waters 
of this class; 

(D) Phenolic compounds: not greater than 
1 .0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
from chlorinated phenols; 

(E) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(F) Total dissolved solids: not greater 
than 500 mg/1; 

(G) Toxic and other deleterious 
substances: 

(i) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
non-carcinogens in Class WS-II 
waters: 
(I) Barium: 1.0 mg/1; 
(II) Chloride: 250 mg/1; 

(III) Manganese: 200 ug/1; 

(IV) Nickel: 25 ug/1; 

(V) Nitrate nitrogen: 10 mg/1; 
(VI) 2,4-D: 100 ug/1; 
(VII) 2,4,5-TP: 10 ug/1; 
(VIII) Sulfates: 250 mg/1; 
(ii) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
carcinogens in Class WS-II 
waters: 
(I) Beryllium: 6.8 ng/1; 
(II) Benzene: 1.19 ug/1; 

(III) Carbon tetrachloride: 0.254 
ug/1; 

(IV) Chlorinated benzenes: 488 
ug/1; 

(V) Dioxin: 0.000013 ng/1; 
(VI) Hexachlorobutadiene: 0.445 

ug/1; 
(VII) Polynuclear aromatic 



2002 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



hydrocarbons: 2.8 ng/1; 
(Vm) Tetrachloroethane (1,1,2,2): 
0.172 ug/1; 
(IX) Tetrachloroethylene: 0.8 ug/1; 
(X) Trichloroethylene: 3.08 ug/1; 
(XI) Vinyl Chloride: 2 ug/1; 
(XII) Aldrin: 0.127 ng/1; 

(XIII) Chlordane: 0.575 ng/1; 

(XIV) DDT: 0.588 ng/1; 
(XV) Dieldrin: 0.135 ng/1; 

(XVI) Heptachlor: 0.208 ng/1. 
(e) Class WS-III Waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or 
food-processing purposes for those 
users where a more protective WS-1 or 
WS-II classification is not feasible and 
any other best usage specified for Class 
C waters; 

(2) Conditions Related to Best Usage. 
Waters of this class are protected as 
water supplies which are generally in 
low to moderately developed 
watersheds; discharges that qualify for 
a General Permit pursuant to 15A 
NCAC 2H .0127, trout farm 
discharges, recycle (closed loop) 
systems that only discharge in response 
to 10-year storm events, and other 
stormwater discharges are allowed in 
the entire watershed; treated domestic 
wastewater discharges are allowed in 
the entire watershed but no new 
domestic wastewater discharges are 
allowed in the critical area; no new 
industrial wastewater discharges except 
non-process industrial discharges are 
allowed in the entire watershed; the 
waters, following treatment required by 
the Division of Enviroimiental Health, 
will meet the Maximum Contaminant 
Level concentrations considered safe for 
drinking, culinary, or food-processing 
purposes which are specified in the 
national drinking water regulations and 
in the North Carolina Rules Governing 
Public Water Supplies, 15A NCAC 
18C .15(X); sources of water pollution 
which preclude any of these uses on 
either a short-term or long-term basis 
will be considered to be violating a 
water quality standard; the Class WS-III 
classification may be used to protect 
portions of Class WS-IV water 
supplies. For reclassifications of these 



portions of WS-IV water supplies 
occurring after the July 1, 1992 
statewide reclassification, the more 
protective classification requested by 
local govenmients will be considered by 
the Commission when all local 
govenmients having jurisdiction in the 
aff'ected area(s) have adopted a 
resolution and effective appropriate 
ordinances to protect the watershed or 
the Commission acts to protect a 
watershed when one or more local 
governments has failed to adopt 
necessary protection measures. 
(3) Quality Standards Applicable to Class 
WS-llI Waters: 

(A) Sewage, industrial wastes, 
non-process industrial wastes, or other 
wastes: none except for those 
specified in Subparagraph (2) of this 
Paragraph and Rule .0104 of this 
Subchapter; and none which will have 
an adverse effect on human health or 
which are not effectively treated to 
the satisfaction of the Commission 
and in accordance with the 
requirements of the Division of 
Envirormiental Health, North Carolina 
Department of Environment, Health, 
and Natural Resources; any 
discharger may be required by the 
Commission to disclose all chemical 
constituents present or potentially 
present in their wastes and chemicals 
which could be spilled or be present 
in runoff from their facility which 
may have an adverse impact on 
downstream water quality; these 
facilities may be required to have spill 
and treatment failure control plans as 
well as perform special monitoring for 
toxic substances; 

(B) Nonpoint Source and Stormwater 
Pollution: none that would adversely 
impact the waters for use as water 
supply or any other designated use; 

(i) Nonpoint Source and Stormwater 

Pollution Control Criteria For 

Entire Watershed: 

(I) Low Density Option: 

Development density must be 

limited to either no more than 

two dwelling units of single 

family detached residential 

development of two du plexes 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2003 



PROPOSED RULES 



per acre £or 20.000 square foot 
lot excluding road frontage) or 
24 percent built-upon on area 
for all other residential and 
non-residential development in 
watershed outside of the 
critical area; Stormwater 
runoff from the development 
shall be transported by 
vegetated conveyances to the 
maximum extent practicable; 
(II) High Density Option: If new 
development density exceeds 
two dwelling units p e r acr e or 
2 4 perc e nt built upon ar e a the 
1 o w density option 
requirements as specified in 
Subparagraph (e)(3)(B')(i)a) of 
this Rule then development 
must control ninoff from the 
first inch of rainfall; new 
residential and non-residential 
development not to exceed 50 
percent built-upon area; 

(III) Land within the watershed will 
be deemed compliant with the 
density requirements if the 
following two conditions are 
met: The density of all 
existing development at the 
time of reclassification m e eto 
does not exceed the density 
requirement when densities are 
averaged throughout the entire 

watershed area; AH sew 

d e v e lopm e nt moots thos e 

d e nsity — r e quir e ments — eB — a 
proj e ct by proj e ct basis; 

(IV) Clu s t e ring ef Cluster 

development is allowed on a 
project-by-project basis as 
follows: 

(1) Overall density of the 
project meets associated 
density or stormwater control 
requirements; 

(2) Buffers meet the 
minimum statewide water 
supply watershed protection 
requirements; 

(3) Built-upon areas shall b e 
are designed and sited to 
minimize stormwater runoff 
impact to the receiving waters^ 
aad minimize concentrated 



(V) 



stormwater fiow^^ maximize the 
use of sheet flow through 
vegetated areas, and maximize 
the flow length through 
vegetated areas; and maximize 
the flow length trough 
vegetated areas ; 

(4) Areas of concentrated 
development are located in 
upland areas and away, to the 
maximum extent practicable, 
from surface waters and 
drainageways; 

(5) Remainder of tract to 
remain in vegetated or natural 
state; 

(6) Where the development 
has an incorporated property 
owners association, the title of 
the open space shall be 
conveyed to the association for 
management. Where a 
property owners association is 
not incorporated . a 
maintenance agreement shall 
be filed with the property 
deeds and; 

(7) Cluster development that 
meets the applicable low 
density option requirements 
shall transport stormwater 
runoff from the development 
by vegetated conveyances to 
the maximum extent 
practicable; 

A maximum of five 10 percent 
of each jurisdiction's portion 
of the watershed outside of the 
critical area as delineated on 
July 1 , 1 993 may be developed 
with new non resid e ntial 
development projects and 
expansions of existing 
development of up to 70 
percent built-upon surface area 
in addition to the new 
non-residential development 
approved in compliance with 
the appropriate requirements of 
Subparagraphs (e)(3)(B)(i)(I) 
or (e)(3)(B)(i)(II) of this 
Paragraph. For expansions to 
existing development. the 
existing built-upon surface area 
is not counted towards the 



2004 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



maximum allowed 70 percent 
built-upon surface area. The 
Commi s sion — me/f — allow — 70 
p e rc e nt — built upon — afea — ea 
gr e at e r than fiv e p e rc e nt but 
not to oxoo e d — 10 p e rc e nt of 
e ach juriodiotion's portion of 

tbe d e signat e d watorshod 

outsid e of th e critical ar e a for 
n e w — n o n — r e sid e ntial 
d e v e lopm e nt. A local 

government having land use 
jurisdiction within the 
watershed may transfer, in 
whole or in part, its right to 
the 10 percent/ 70 percent land 
area to another local 
government within the 
watershed upon submittal of a 
joint resolution and approval 
by the Commission. When the 
water supply watershed is 
composed of public lands, such 
as National Forest, local 
governments may count the 
public land acreage within the 
watershed outside of the 
critical area in figuring the 
acreage allowed under this 
provision. For local 

governments that do not use 
the high density option, each 
Each project must to the 
maximum extent practicable 
minimize built-upon surface 
area, direct stormwater runoff 
away from surface waters, and 
incorporate best management 
practices to minimize water 
quality impacts; if the local 
government opts for high 
density development within the 
WS-III watershed. then 
appropriat e engineered 
stormwater controls (wet 
detention — basins) must be 
employed for the new 
non r e sid e ntial development 
which e xooods the low d e nsity 
r e quir e m e nts ; 
(VI) If local governments choose 
the high density development 
option which requires 
engineered stormwater 
controls, then they will assume 



ultimate responsibility for 
operation and maintenance of 
the required controls as 
outlined in Rule .0104(f) of 
this Subchapter; 

(VII) Minimum 100 foot vegetative 
bufl^er is required for all new 
development activities that 
exceed the low density 
requirements as specified in 
Subparagraphs (e)(3)(B)(i)(I) 
or (e)(3)(B)(ii)(lI) of this 
Paragraph, otherwise a 
minimum 30 foot vegetative 
buffer for development is 
required along all perennial 
waters indicated on the most 
recent versions of U.S.G.S. 
1:24,000 (7.5 minute) scale 
topographic maps or as 
determined by local 
govermnent studies; nothing in 
this Section shall stand as a 
bar to desirable artificial 
streambank or shoreline 
stabilization; 

(VIII) No new development is 
allowed in the buffer; water 
dependent structures, or other 
structures such as flagpoles, 
signs and security lights, 
which result on only 
d i m i n i m u s increases 
impervious area and public 
projects such as road crossings 
and greenways may be allowed 
where no practicable 
alternative exists; these 
activities shall minimize 
built-upon surface area, divert 
runoff away from surface 
waters and maximize the 
utilization of BMPs; 

(BQ Maintain — inv e ntory — ef — ftH 

hazardous materials used and 
stor e d — ifl — the — watershed; 
spill/failur e containm e nt plan 
aad — appropriate — s af e guard s 

against contamination are 

r e quir e d; — wast e minimization 
and appropriate rooyoling of 
mat e rials i s e ncourag e d; 

(IX) (X)No new — di s charging 

landfills — are — allow e d No 
NPDES permits will be issued 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2005 



PROPOSED RULES 



for landfills that discharge 
treated leachate; ; 
(ii) Critical Area Nonpoint Source 
and Stormwater Pollution Control 
Criteria: 

(I) N e w industrial dev e lopm e nt is 

r e quir e d te incorporate 

adequately d e sign e d, 

oonstruct e d — afid — maintained 
spill containm e nt structures if 
hazardous mat e rials ar e eith e r 
us e d, stor e d or manufactur e d 
on th e promises; 

{1} (tf)Low Density Option: New 
development limited to either 
no more than one dwelling unit 
of single family detached 
residential development or one 
duplex per acre {or 40.000 
square foot lot excluding road 
frontage) or 12 percent 
built-upon area; for all other 
residential and non-residential 
development: Stormwater 
runoff from the development 
shall be transported by 
vegetated conveyances to the 
maximum extent practicable; 
gi) (IH)High Density Option: If 
new development exceeds 
e ith e r on e dwelling unit p e r 
acr e or 12 p e rc e nt built upon 
ar e a the low density 
requirements specified in 
Subparagraph (e)(3)(B)(ii)(n of 
this Rule then engineered 
stormwater controls must be 
used to control runofi" from the 
first inch of rainfall; residential 
and non-residential 
development not to exceed 30 
percent built-upon area; 

(III) (tV)No new permitted sites for 
land application of 
sludge/ residuals or petroleum 
contaminated soils are allowed; 

(IV) {V)No new landfills are 
allowed; 

(C) Odor producing substances contained 
in sewage, industrial wastes, or other 
wastes: only such amounts, whether 
alone or in combination with other 
substances or wastes, as will not 
cause taste and odor difliculties in 
water supplies which cannot be 



corrected by treatment, impair the 
palatability of fish, or have a 
deleterious effect upon any best usage 
established for waters of this class; 

(D) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
from chlorinated phenols; 

(E) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(F) Total dissolved solids: not greater 
than 500 mg/1; 

(G) Toxic and other deleterious 
substances: 

(i) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
non-carcinogens in Class WS-III 
waters: 
(I) Barium: 1.0 mg/1; 
(ID Chloride: 250 mg/1; 

(III) Manganese: 2(X) ug/1; 

(IV) Nickel: 25 ug/1; 

(V) Nitrate nitrogen: 10 mg/1; 
(VI) 2,4-D: 100 ug/1; 
(VII) 2,4,5-TP (Silvex): 10 ug/1; 
(VIII) Sulfates: 250 mg/1; 
(ii) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
carcinogens in Class WS-III 
waters: 
(I) Beryllium: 6.8 ng/1; 
ai) Benzene: 1.19 ug/1; 

(III) Carbon tetrachloride: 0.254 
ug/1; 

(IV) Chlorinated benzenes: 488 
ug/1; 

(V) Dioxin: 0.000013 ng/1; 
(VT) Hexachlorobutadiene: 0.445 

ug/1; 
(VII) Polynuclear aromatic 

hydrocarbons: 2.8 ng/1; 
(VIII) Tetrachloroethane (1,1,2,2): 
0.172 ug/1; 
(IX) Tetrachloroethylene: 0.8 ug/1; 
(X) Trichloroethylene: 3.08 ug/1; 
(XI) Vinyl Chloride: 2 ug/1; 
(XII) Aldrin: 0.127 ng/1; 

(XIII) Chlordane: 0.575 ng/1; 

(XIV) DDT: 0.588 ng/1; 



2006 



NORTH CAROLINA REGISTER 



March I, 1995 



9:23 



PROPOSED RULES 



(XV) Dieldrin: 0.135 ng/1; 
(XVI) Heptachlor: 0.208 ng/1. 
(f) Class WS-IV Waters. 

(1) Best Usage of Waters. Source of water 
supply for drinking, culinary, or 
food-processing purposes for those 
users where a more protective WS-I, 
WS-II or WS-III classification is not 
feasible and any other best usage 
specified for Class C waters; 

(2) Conditions Related to Best Usage. 
Waters of this class are protected as 
water supplies which are generally in 
moderately to highly developed 
watersheds or protected areas; 
discharges which qualify for a General 
Permit pursuant to 15A NCAC 2H 
.0127, trout form discharges, recycle 
(closed loop) systems that only 
discharge in response to 10-year storm 
events, other stormwater discharges and 
domestic wastewater discharges are 
allowed in the protected and critical 
areas; treated industrial wastewater 
discharges are allowed in the protected 
and critical areas; however, new 
industrial wastewater discharges in the 
critical area are required to meet the 
provisions of 15A NCAC 2B 
.0201(d)(l)(B)(iv), (V) and (vii), and 
15A NCAC 2B .0203; new industrial 
connections and expansions to existing 
municipal discharges with a 
pretreatment program pursuant to 15A 
NCAC 2H .0904 are allowed; the 
waters, following treatment required by 
the Division of Environmental Health, 
will meet the Maximum Contaminant 
Level concentrations considered safe for 
drinking, culinary, or food-processing 
purposes which are specified in the 
national drinking water regulations and 
in the North Carolina Rules Governing 
Public Water Supplies, 15A NCAC 
18C .1500; sources of water pollution 
which preclude any of these uses on 
either a short-term or long-term basis 
will be considered to be violating a 
water quality standard; the Class WS-Il 
or WS-III classifications may be used to 
protect portions of Class WS-IV water 
supplies. For reclassifications of these 
portions of WS-IV water supplies 
occurring after the July L, 1992 
statewide reclassification, the more 



protective classification requested by 
local governments will be considered by 
the Commission when all local 
governments having jurisdiction in the 
affected area(s) have adopted a 
resolution and efl^ective appropriate 
ordinances to protect the watershed or 
the Commission acts to protect a 
watershed when one or more local 
governments has failed to adopt 
necessary protection measures. 
(3) Quality Standards Applicable to Class 
WS-IV Waters: 

(A) Sewage, industrial wastes, 
non-process industrial wastes, or other 
wastes: none except for those 
specified in Subparagraph (2) of this 
Paragraph and Rule .0104 of this 
Subchapter; and none which will have 
an adverse effect on human health or 
which are not effectively treated to 
the satisfaction of the Commission 
and in accordance with the 
requirements of the Division of 
Environmental Health, North Carolina 
Department of Environment, Health, 
and Natural Resources; any 
discharges or industrial users subject 
to pretreatment standards may be 
required by the Commission to 
disclose all chemical constituents 
present or potentially present in their 
wastes and chemicals which could be 
spilled or be present in runoff from 
their facility which may have an 
adverse impact on downstream water 
supplies; these facilities may be 
required to have spill and treatment 
failure control plans as well as 
perform special monitoring for toxic 
substances; 

(B) Nonpoint Source and Stormwater 
Pollution: none that would adversely 
impact the waters for use as water 
supply or any other designated use; 

(i) Nonpoint Source and Stormwater 

Pollution Control Criteria For 

Entire Watershed or Protected 

Area: 

(I) Low Density Option: 

Development activities which 

require a 

Sedimentation/Erosion Control 

Plan in accordance with 15A 

NCAC 4 established by the 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2007 



PROPOSED RULES 



North Carolina Sedimentation 
Control Commission or 
approved local government 
programs as delegated by the 
Sedimentation Control 
Commission must be limited to 
no more than either: two 
dwelling units of single family 
detached development or two 
duplexes per acre £or 20.000 
square foot lot excluding road 
frontage) or 24 percent 
built-upon eft area; for all 
other residential and non- 
residential development; or 
three dwelling units per acre 
or 36 percent built-upon area 
for projects without curb and 
gutter street system in the 
protected area outside of 
critical area; Storm water 
runoff from the development 
shall be transported by 
vegetated conveyances to the 
maximum extent practicable; 
(II) High Density Option: If new 
development activities which 
require a 

Sedimentation/Erosion Control 
Plan exceed the low density 
requirements of Subparagraphs 
(f)(3)(B)(i)(I) of this Rule then 
development must control the 
runoff from the first inch of 
rainfall; new residential and 
non-residential development 
not to exceed 70 percent 
built-upon area; 

(III) Land within the critical and 
protected area will be deemed 
compliant with the density 
requirements if the following 
two conditions are met: The 
density of all existing 
development at the time of 
reclassification does not exceed 
m ee t s the density requirement 
when densities are averaged 
throughout the entire area; AH- 
new dev e lopm e nt m ee ts th e s e 
d e nsity — r e quir e m e nts — ea — a 
proj e ct by projoot basis; 

(IV) Cluotoring ef Cluster 

development is allowed on a 
project-by-project basis as 



follows: 

(1) Overall density of the 
project meets associated 
density or stormwater control 
requirements; 

(2) Buffers meet the 
minimum statewide water 
supply watershed protection 
requirements; 

(3) Built-upon areas shall bo 
are designed and sited to 
minimize stormwater runoff 
impact to the receiving waters^ 
afid minimize concentrated 
stormwater flow^^ maximize the 
flow length through vegetated 
areas ; 

(4) Areas of concentrated 
development are located in 
upland areas and away, to the 
maximum extent practicable, 
from surface waters and 
drainageways; 

(5) Remainder of tract to 
remain in vegetated or natural 
state; 

(6) Where the development 
has an incorporated property 
owners association, the title of 
the open space shall be 
conveyed to the association for 
management. Where a 
property owners association is 
not incorporated . a 
maintenance agreement shall 
be filed with the property 
deeds; and 

(7) Cluster development that 
meets the applicable low 
density option requirements 
shall transport stormwater 
runoff from the development 
by vegetated conveyances to 
the maximum extent 
practicable; 

(V) If local governments choose 
the high density development 
option which requires 
engineered stormwater 
controls, then they will assume 
ultimate responsibility for 
operation and maintenance of 
the required controls as 
outlined in Rule .0104(f) of 
this Subchapter; 



2008 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



(VI) Minimum 100 foot vegetative 
buffer is required for all new 
development activities that 
exceed the low density option 
requirements as specified in 
Subparagraphs (f)(3)(B)(i)(I)or 
(f)(3)(B)(ii)(I) of this 
Paragraph, otherwise a 
minimum 30 foot vegetative 
buffer for development is 
required along all perennial 
waters indicated on the most 
recent versions of U.S.G.S. 
1:24,000 (7.5 minute) scale 
topographic maps or as 
determined by local 
government studies; nothing in 
this Section shall stand as a 
bar to desirable artificial 
streambank shoreline 
stabilization; 

(VII) No new development is 
allowed in the buffer; water 
dependent structures, or other 
structures, such as flag poles, 
signs and security lights, 
which result in only diminimus 
increases in impervious area 
and public projects such as 
road crossings and greenways 
may be allowed where no 
practicable alternative exists; 
these activities shall minimize 
built-upon surface area, divert 
runoff away from surface 
waters and maximize the 
utilization of BMPs; 

(VIII) Maintain — inv e ntory — ef — aH 

hazordouB materialo uood and 
otored — m — the — V i Pt e rsh e d — ef= 
prot e ct e d — ar e a; — apill/fhilur e 

containm e nt plan a*d 

appropriate saf e guardo againot 
contamination — afe — r e quir e d; 

waste minimization and 

appropriate r e cycling ef 

mat e rialo io e ncourag e d; 

(VIII) For local governments that do 
not use the high density 
option, a maximum of five 
percent of each jurisdiction's 
portion of the watershed 
outside of the critical area as 
delineated on July J^ 1995 
may be developed with new 



development projects and 
expansions of existing 
development of u^ to 70 
percent built-upon surface area 
in addition to the new 
development approved in 
compliance with the 
appropriate requirements of 
Subparagraph (f)(31(B')(iKn of 
this Paragraph. For local 
governments that do not use 
the high density option and, in 
addition, do not utilize the 
sedimentation\erosion control 
exemption, a maximum of 10 
percent of each jurisdiction's 
portion of the watershed, 
outside of the critical area, 
delineated on July \^ 1995 
may be developed with new 
development projects and 
expansions of existing 
development of up to 70 
percent built-upon surface area 
in addition to the new 
development approved in 
compliance with the 
appropriate requirement of 
Subparagraph (f)(3)(B)(i)(I) of 
this Paragraph. For 

expansions to existing 
development. the existing 
built-upon surface area is not 
counted toward the allowed 70 
percent built-upon area. A 
local government having 
jurisdiction within the 
watershed may transfer, in 
whole or part, its right to the 5 
percent/70 percent or 10 
percent/70 percent land area, 
whichever is applicable, to 
another local government 
within the watershed upon 
submittal of a joint resolution 
and approval by the 
Commission. When 

designated water supply 
watershed area is composed of 
public land, such as National 
Forest, local governments may 
count the public land acreage 
within the designated 
watershed area outside of the 
critical area in figuring the 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2009 



PROPOSED RULES 



acreage allowed 
provision. 



under this 
For local 
governments that do not use 
the high density option, each 
project must to the maximum 
extent practicable minimize 
built-upon surface area, direct 
storm water runoff away from 
surface waters and incorporate 
best management practices to 
minimize water quality 
impacts; 
(ii) Critical Area Nonpoint Source 

and Stormwater Pollution Control 

Criteria: 
(I) Low Density Option: New 
development activities which 
require a 

Sedimentation/Erosion Control 
Plan in accordance with 15A 
NCAC 4 established by the 
North Carolina Sedimentation 
Control Commission or 
approved local government 
programs as delegated by the 
Sedimentation Control 
Commission must be limited to 
no more than two dwelling 
units a single family detached 
development or two duplexes 
per acre or 20.000 square foot 
lot excluding road frontage) or 
24 percent built-upon area; for 
all other residential and non- 
residential; Stormwater runoff 
from the development shall be 
transported by vegetated 
conveyances to the maximum 
extent practicable; 
(II) High Density Option: If new 
development density exceeds 
e ith e r two dw e lling unita p e r 
acr e or 2 4 p e rc e nt built upon 
afea — then the low density 
requirements specified in 
Subparagraph (f)(3)(B)(ii)(I) of 
this Rule engineered 
stormwater controls must be 
used to control runoff from the 
first inch of rainfall; new 
residential and non-residential 
new development not to 
exceed 50 percent built-upon 
area; 
(III) No new permitted sites for 



land application of oludgo/ 
residuals or petroleum 
contaminated soils are allowed; 
(IV) No new landfills are allowed; 

(C) Odor producing substances contained 
in sewage, industrial wastes, or other 
wastes: only such amounts, whether 
alone or in combination with other 
substances or waste, as will not cause 
taste and odor difficulties in water 
supplies which can not be corrected 
by treatment, impair the palatability 
of fish, or have a deleterious effect 
upon any best usage established for 
waters of this class; 

(D) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
due to chlorinated phenols; specific 
phenolic compounds may be given a 
different limit if it is demonstrated not 
to cause taste and odor problems and 
not to be detrimental to other best 
usage; 

(E) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(F) Total dissolved solids: not greater 
than 500 mg/1; 

(G) Toxic and other deleterious 
substances: 

(i) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
non-carcinogens in Class WS-IV 
waters: 
(I) Barium: 1.0 mg/1; 
(II) Chloride: 250 mg/1; 

(III) Manganese: 200 ug/1; 

(IV) Nickel: 25 ug/1; 

(V) Nitrate nitrogen: 10.0 mg/1; 
(VI) 2,4-D: 100 ug/1; 
(VII) 2,4,5-TP (Silvex): 10 ug/1; 
(VIII) Sulfates: 250 mg/1; 
(ii) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
carcinogens in Class WS-IV 
waters: 
(I) Beryllium: 6.8 ng/1; 
(II) Benzene: 1.19 ug/1; 
(III) Carbon tetrachloride: 0.254 



2010 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



av) 

(V) 
(VI) 

(VII) 

(VIII) 

(IX) 

(X) 

(XI) 

(XII) 

(XIII) 

(XIV) 

(XV) 

(XVI) 

(g) Class WS- 

(1) 



(2) 



ug/1; 

Chlorinated benzenes: 488 

ug/1; 

Dioxin: 0.000013 ng/1; 

Hexachlorobutadiene: 0.445 

ug/1; 

Polynuclear aromatic 

hydrocarbons: 2.8 ng/1; 

Tetrachloroethane (1,1,2,2): 

0.172 ug/1; 

Tetrachloroethylene: 0.8 ug/1; 

Trichloroethylene: 3.08 ug/1; 

Vmyl Chloride: 2 ug/1; 

Aldrin: 0.127 ng/1; 

Chlordane: 0.575 ng/1; 

DDT: 0.588 ng/1; 

Dieldrin: 0.135 ng/1; 

Heptachlor: 0.208 ng/1. 
V Waters. 
Best Usage of Waters. Waters 

protected as water supplies which are 
generally upstream and draining to 
Class WS-IV waters or waters 
previously used for drinking water 
supply purposes or waters used by 
industry to supply their employees, but 
not municipalities or counties, with a 
raw drinking water supp ly source, 
although this type of use is not 
restricted to a WS-V classification. 
The Commission may consider a more 
protected classification for the water 
su pply if a resolution requesting a more 
protective classification is submitted 
from all local governments having land 
use jurisdiction in the affected 
watershed : no categorical restrictions 
on watershed development or 
wastewater dischai^es are required, 
however, the Commission or its 
designee may apply appropriate 
management requirements as deemed 
necessary for the protection of waters 
downstream of receiving waters (15 A 
NCAC 2B .0203); suitable for all Class 
C uses; 

Conditions Related to Best Usage. 
Waters of this class are protected water 
supplies; the waters, following 
treatment required by the Division of 
Environmental Health, will meet the 
Maximum Contaminant Level 
concentrations considered safe for 
drinking, culinary, or food-processing 
purposes which are specified in the 



national drinking water regulations and 
in the North Carolina Rules Governing 
Public Water Supplies, 15A NCAC 
18C .1500; sources of water pollution 
which preclude any of these uses on 
either a short-term or long-term basis 
will be considered to be violating a 
water quality standard; 
(3) Quality Standards Applicable to Class 
WS-V Waters: 

(A) Sewage, industrial wastes, 
non-process industrial wastes, or other 
wastes: none which will have an 
adverse effect on human health or 
which are not effectively treated to 
the satisfaction of the Commission 
and in accordance with the 
requirements of the Division of 
Environmental Health, North Carolina 
Department of Environment, Health, 
and Natural Resources; any 
discharges or industrial users subject 
to pretreatment standards may be 
required by the Commission to 
disclose all chemical constituents 
present or potentially present in their 
wastes and chemicals which could be 
spilled or be present in runoff from 
their facility which may have an 
adverse impact on downstream water 
supplies; these facilities may be 
required to have spill and treatment 
feilure control plans as well as 
perform special monitoring for toxic 
substances; 

(B) Nonpoint Source and Stormwater 
Pollution: none that would adversely 
impact the waters for use as water 
supply or any other designated use; 

(C) Odor producing substances contained 
in sewage, industrial wastes, or other 
wastes: only such amounts, whether 
alone or in combination with other 
substances or waste, as will not cause 
taste and odor difficulties in water 
supplies which can not be corrected 
by treatment, impair the palatability 
of fish, or have a deleterious effect 
upon any best usage established for 
waters of this class; 

(D) Phenolic compounds: not greater than 
1.0 ug/1 (phenols) to protect water 
supplies from taste and odor problems 
due to chlorinated phenols; specific 
phenolic compounds may be given a 



9:23 



NORTH CAROLINA REGISTER 



March I, 1995 



2011 



PROPOSED RULES 



different limit if it is demonstrated not 
to cause taste and odor problems and 
not to be detrimental to other best 
usage; 

(E) Total hardness: not greater than 100 
mg/1 as calcium carbonate; 

(F) Total dissolved solids: not greater 
than 500 mg/1; 

(G) Toxic and other deleterious 
substances : 

(i) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
non-carcinogens in Class WS-V 
waters: 
(I) Barium: 1.0 mg/1; 
(II) Chloride: 250 mg/1; 

(III) Manganese: 200 ug/1; 

(IV) Nickel: 25 ug/1; 

(V) Nitrate nitrogen: 10.0 mg/1; 
(VI) 2,4-D: 100 ug/1; 
(VII) 2,4,5-TP (Silvex): 10 ug/1; 
(VIII) Sulfates: 250 mg/1. 
(ii) Water quality standards 
(maximum permissible 
concentrations) to protect human 
health through water consumption 
and fish tissue consumption for 
carcinogens in Class WS-V 
waters: 
(I) Beryllium: 6.8 ng/1; 
(II) Benzene: 1.19 ug/1; 

(III) Carbon tetrachloride: 0.254 
ug/1; 

(IV) Chlorinated benzenes: 488 
ug/1; 

(V) Dioxin: 0.000013 ng/1; 
(VI) Hexachlorobutadiene: 0.445 

ug/1; 
(VII) Polynuclear aromatic 

hydrocarbons: 2.8 ng/1; 
(VIII) Tetrachloroethane (1,1,2,2): 
0.172 ug/1; 
(IX) Tetrachloroethylene: 0.8 ug/1; 
(X) Trichloroethylene: 3.08 ug/1; 
(XI) Vmyl Chloride: 2 ug/1; 
(XII) Aldrin: 0.127 ng/1; 

(XIII) Chlordane: 0.575 ng/1; 

(XIV) DDT: 0.588 ng/1; 
(XV) Dieldrin: 0.135 ng/1; 

(XVI) Heptachlor: 0.208 ng/1. 
(h) Class B Waters. 
(1) Best Usage of Waters. Primary 



recreation and any other best usage 
specified by the "C" classification; 

(2) Conditions Related to Best Usage. The 
waters will meet accepted standards of 
water quality for outdoor bathing places 
and will be of sufficient size and depth 
for primary recreation purposes. 
Sources of water pollution which 
preclude any of these uses on either a 
short-term or long-term basis will be 
considered to be violating a water 
quality standard; 

(3) Quality standards applicable to Class B 
waters: 

(A) Sewage, industrial wastes, or other 
wastes: none which are not 
effectively treated to the satisfaction 
of the Commission; in determining 
the degree of treatment required for 
such waste when discharged into 
waters to be used for bathing, the 
Commission will consider the quality 
and quantity of the sewage and wastes 
involved and the proximity of such 
discharges to waters in this class; 
discharges in the immediate vicinity 
of bathing areas may not be allowed if 
the Director determines that the waste 
can not be reliably treated to ensure 
the protection of primary recreation; 

(B) Organisms of coliform group: fecal 
coliforms not to exceed geometric 
mean of 200/100 ml (MF count) 
based on at least five consecutive 
samples examined during any 30-day 
period and not to exceed 400/100 ml 
in more than 20 percent of the 
samples examined during such period. 

Statutory Authority G.S. 143-214.1; 
143-21 5. 3(a)(1). 

SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATIONS 

,0301 CLASSIFICATIONS: GENERAL 

(a) Schedule of Classifications. The 

classifications assigned to the waters of the State of 
North Carolina are set forth in the schedules of 
classifications and water quality standards assigned 
to the waters of the river basins of North Carolina, 
15A NCAC 2B .0302 to .0317. These 
classifications are based upon the existing or 
contemplated best usage of the various streams and 
segments of streams in the basin, as determined 



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through studies and evaluations and the holding of 
public hearings for consideration of the 
classifications proposed. 

(b) Stream Names. The names of the streams 
listed in the schedules of assigned classifications 
were taken as fer as possible from United States 
Geological Survey topographic maps. Where 
topographic maps were unavailable, U.S. Corps of 
Engineers maps, U.S. Department of Agriculture 
soil maps, and North Carolina highway maps were 
used for the selection of stream names. 

(c) Classifications. The classifications assigned 
to the waters of North Carolina are denoted by the 
letters WS-I, WS-II, WS-III, WS-IV, WS-V, B, C, 
SA, SB, and SC in the column headed "class." A 
brief explanation of the "best usage" for which the 
waters in each class must be protected is given as 
follows: 



Fresh Waters 
Class WS-I: 



Class WS-II: 



Class WS-III: 



waters protected as water 
supplies which are in 
natural and undeveloped 
watersheds; in public 
ownership: point source 
discharges of treated 
wastewater are permitted 
pursuant to Rules .0104 
and .0211 of this 
Subchapter; local 
programs to control 
nonpoint source and 
stormwater discharge of 
pollution are required; 
suitable for all Class C 
uses; 

waters protected as water 
supplies which are 
generally in 
predominantly 
u ndeveloped watersheds ; 
point source discharges 
of treated wastewater are 
permitted pursuant to 
Rules .0104 and .0211 of 
this Subchapter; local 
programs to control 
nonpoint source and 
stormwater discharge of 
pollution are required; 
suitable for all Class C 
uses; 

waters protected as water 
supplies which are 



Class WS-IV: 



Class WS-V: 



generally in low to 
moderately developed 
watersheds; point source 
discharges of treated 
wastewater are permitted 
pursuant to Rules .0104 
and .0211 of this 
Subchapter; local 
programs to control 
nonpoint source and 
stormwater discharge of 
pollution are required; 
suitable for all Class C 
uses; 

waters protected as water 
supplies which are 
generally in moderately 
to highly developed 
watersheds; point source 
discharges of treated 
wastewater are permitted 
pursuant to Rules .0104 
and .0211 of this 
Subchapter; local 
programs to control 
nonpoint source and 
stormwater discharge of 
pollution are required; 
suitable for all Class C 
uses; 

waters protected as water 
supplies which are 
generally upstream and 
draining to ClassWS-IV 
waters or waters 
previously used for 
drinking water supply 
purposes or waters used 
by industry to su pply 
their employees, but not 
municipalities or 
counties, with a raw 
drinking water supply 
source, although this type 
of use is not restricted to 
a WS-V classification ; no 
categorical restrictions on 
watershed development 
or treated wastewater 
discharges are required, 
however, the 
Commission or its 
designee may apply 
appropriate management 
requirements as deemed 



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2013 



PROPOSED RULES 



Class B: 



Class C: 



Tidal Salt Waters 
Class SA: 



Class SB: 



Class SC: 



necessary for the 
protection of downstream 
receiving waters (15A 
NCAC 2B .0203); suit- 
able for all Class C uses; 
primary recreation and 
any other usage specified 
by the "C" classification; 
aquatic life propagation 
and survival, fishing, 
wildlife, secondary recre- 
ation, and agriculture. 



shellfishing for market 
purposes and any other 
usage specified by the 
"SB" and "SC" classifi- 
cation; 

primary recreation and 
any other usage specified 
by the "SC" classifica- 
tion; 

aquatic life propagation 
and survival, fishing, 
wildlife, and secondary 
recreation. 



Supplemental Classifications 



Trout Waters: 



Swamp Waters: 



NSW: 



HQW: 



■Suitable for natural trout 
propagation and mainte- 
nance of stocked trout; 
Waters which have low 
velocities and other 
natural characteristics 
which are different from 
adjacent streams; 
Nutrient Sensitive Waters 
which require limitations 
on nutrient inputs; 
High Quality Waters 
which are waters that are 
rated as excellent based 
on biological and physi- 
cal/chemical characteris- 
tics through division 
monitoring or special 
studies, native and spe- 
cial native trout waters 
(waters and their tributar- 
ies) designated by the 
Wildlife Resources Com- 
mission, primary nursery 



areas (PNA) designated 
by the Marine Fisheries 
Commission and other 
functional nursery areas 
designated by the Wild- 
life Resources Commis- 
sion, critical habitat areas 
designated by the Wild- 
life Resources Commis- 
sion or the Department 
of Agriculture, all water 
supply watersheds which 
are either classified as 
WS-I or WS-II or those 
for which a formal peti- 
tion for reclassification 
as WS-I or WS-II has 
been received from the 
appropriate local govern- 
ment and accepted by the 
Division of Environmen- 
tal Management and all 
Class SA waters. 

ORW: Outstanding Resource 

Waters which are unique 
and special waters of 
exceptional state or 
national recreational or 
ecological significance 
which require special 
protection to maintain 
existing uses. 

FWS: Future Water Supply 

Waters which are waters 
intended for future drink- 
ing water supply purpos- 
es. 

(d) Water Quality Standards. The water quality 
standards applicable to each classification assigned 
are those established in 15A NCAC 2B .0200, 
Classifications and Water Quality Standards Appli- 
cable to the Surface Waters of North Carolina, as 
adopted by the North Carolina Environmental 
Management Commission. 

(e) Index Number. 

(1) Reading the Index Number. The index 
number appearing in the column so 
designated is an identification number 
assigned to each stream or segment of 
a stream, indicating the specific tribu- 
tary progression between the main stem 
stream and the tributary stream. 

(2) Cross-Referencing the Index Number. 
The inclusion of the index number in 
the schedule is to provide an adequate 



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cross reference between the 
classification schedules and an 
alphabetic list of streams. 

(f) Classification Date. The classification date 
indicates the date on which enforcement of the 
provisions of Section 143-215.1 of the General 
Statutes of North Carolina became effective with 
reference to the classification assigned to the 
various streams in North Carolina. 

(g) Reference. Copies of the schedules of 
classifications adopted and assigned to the waters 
of the various river basins may be obtained at no 
charge by writing to: 

Director 
Division of Environmental Management 
Department of Environment, Health, 
and Natural Resources 
Post Office Box 29535 
Raleigh, North Carolina 27626-0535 
(h) Places where the schedules may be inspect- 
ed: 

Division of State Library 

Archives — State Library Building 

109 E. Jones Street 

Raleigh, North Carolina. 

(i) Unnamed Streams. 

(1) Any stream which is not named in the 
schedule of stream classifications car- 
ries the same classification as that 
assigned to the stream segment to which 
it is tributary except: 

(A) unnamed streams specifically 
described in the schedule of 
classifications; or 

(B) unnamed freshwaters tributary to tidal 
saltwaters will be classified "C"; or 

(C) after November 1, 1986, any newly 
created areas of tidal saltwater which 
are connected to Class SA waters by 
approved dredging projects will be 
classified "SC" unless case-by-case 
reclassification proceedings are 
conducted. 

(2) The following river basins have 
different policies for unnamed streams 
entering other states or for specific 
areas of the basin: 

Hiwassee River Basin (Rule .0302); 
Little Tennessee River Basin and 
Savannah River Drainage Area (Rule 
.0303); French Broad River Basin (Rule 
.0304); Watauga River Basin (Rule 
.0305); Broad River Basin (Rule 
.0306); New River Basin (Rule .0307); 
Catawba River Basin (Rule .0308); 



Yadkin-Pse Dee River Basin (Rule 
.0309); Lumber River Basin (Rule 
.0310); Roanoke River Basin (Rule 
.0313); Tar- Pamlico River Basin (Rule 
.0316); Pasquotank River Basin (Rule 
.0317). 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215. 3(a)(1). 

TITLE 19A - DEPARTMENT OF 
TRANSPORTATION 

Jyiotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Department of 
Transportation, North Carolina Division of Motor 
Vehicles intends to amend rule cited as 19A NCAC 
03D .0227. 

1 he proposed effective date of this action is June 
1, 1995. 

Instructions on How to Demand a Public Hearing 

(must be requested in writing within 15 days of 

notice): 

A demand for a public hearing must be made in 

writing and mailed to Emily Lee, N. C. DOT, P. O. 

Box 25201, Raleigh, NC 27611. The demand must 

be received within 15 days of this Notice. 

MXeason for Proposed Action: Amendment states 
condition for exemption of mobile/manufactured 
home dealers ' Certificate of Origin and title. 

(comment Procedures: Any interested person may 
submit written comments on the proposed rule by 
mailing the comments to Emily Lee, N. C. DOT, 
PO. Box 25201, Raleigh, NC 27611 within 30 
days after the proposed rule is published or until 
the date of any public hearing held on the pro- 
posed rule, whichever is longer. 

CHAPTER 3 - DFVISION OF 
MOTOR VEHICLES 

SUBCHAPTER 3D - ENFORCEMENT 
SECTION 

SECTION .0200 - MOTOR VEHICLE 
DEALER, SALES, DISTRIBUTOR AND 
FACTORY REPRESENTATIVE LICENSE 



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2015 



PROPOSED RULES 



.0227 VEHICLES OFFERED FOR 

SALE ON A FLOOR PLAN LIEN 

(a) Any dealer offering for sale a vehicle on 
which a financial interest is held by another party 
(floor plan lien) shall at the time of sale, satisfy 
the floor plan lien and obtain the title from the 
floor plan lienholder, execute the title documents 
and deliver them to the purchaser or the lienholder 
as required by G.S. 20-52.1, G.S. 20-72 and G.S. 
20-75 at the time the vehicle is delivered. 

(b) Manufacturers Certificate of Origin and titles 
may be retained by the floor plan lienholder so 
long as the Manufacturers Certificate of Origin and 
titles are located within the boundaries of North 
Carolina; provided the dealer has in possession, 
available for inspection, an invoice from the 
manufacturer or distributor and a floor plan disclo- 
sure form completed, dated and signed by both 
parties. Mobile/manufactured home dealers shall 
be exempt from the requirement that the Manufact- 
urer's Certificate of Origin and title be located 
within the boundaries of North Carolina. All other 
provisions of this Rule shall apply to 
mobile/manufactured home dealers. 

Statutory Authority G. S. 20-302. 

TITLE 21 - OCCUPATIONAL 
LICENSING BOARD 

CHAPTER 1 - NORTH CAROLINA 
ACUPUNCTURE LICENSING BOARD 

lyiotice is hereby given in accordance with G.S. 
150B-21.2 that the North Carolina Acupuncture 
Licensing Board intends to adopt rules cited as 21 
NCAC 1 .0104 and .030L 

1 he proposed effective date of this action is June 
1, 1995. 

1 he public hearing \nll be conducted at 1:00 
p.m. on March 31, 1995 at the Pack Memorial 
Library Auditorium, Asheville, NC. 

ixeason for Proposed Action: To adopt rules to 
establish definitions for acupuncture and proce- 
dures for Continuing Education. 

L^omment Procedures: Any person may submit 
comments to the North Carolina Acupuncture 
Licensing Board, P.O. Box 25171, Asheville, NC 



28813, or speak orally to the Rule-making Coordi- 
nator on March 31, 1995 at 4:00 p.m at Pack 
Memorial Library Auditorium in Asheville, NC. 
All comments must be received, by the Board no 
later than March 31, 1995. 

SECTION .0100 - LICENSURE 

.0104 DEFINITIONS 

The following definitions shall apply throughout 
this Chapter: 

(1) "Acupuncture adjunctive therapies " in- 
clude, but are not limited to, auricular 
and nose, face, hand, foot, and scalp 
acupuncture therapy; stimulation to acu- 
puncture points and channels by any of 
the following: needles, cupping, thermal 
methods, including moxibustion. mag- 
nets, gwa-sha scraping techniques. 

(2) "Acupuncture diagnostic techniques" 
include, but are not limited to. the use of 
observation, listening, smelling, inquir- 
ing, palpation, pulse diagnosis, tongue 
diagnosis, hara diagnosis, physiognomy, 
five element correspondence, ryodoraku, 
akabani, electro-acupuncture. 

(3) "Acupuncture needles" mean solid fili- 
form needles and includes, but are not 
limited to, intradermal, plum blossom, 
press tacks, prismatic needles. 
"Dietary guidelines" include, but are not 
limited to, nutritional counseling and the 
recommendation of food and supplemen- 
tal substances. 
"Electrical stimulation" include, but are 



£4} 



15} 



16} 



£7} 



18} 



not limited to, the treatment or diagnosis 
of energetic imbalances using TENS. 
Piezo electrical stimulation, acuscope 
therapy, auricular therapy devices, percu- 
taneous and transcutaneous electrical 
nerve stimulation. 



"Herbal medicine" includes, but is not 
limited to, tinctures, patent remedies, 
decoction, powders, diluted herbal reme- 
dies, freeze dried herbs, salves, poultic- 
es, medicated oils and liniments. 
"Massage and manual techniques" in- 
clude, but are not limited to. acupressure, 
reflexology, Shiatsu, and Tui-Na. thera- 
peutic touch, gi healing, polarity therapy, 
and medical £i gong. 
"Therapeutic exercise" includes, but is 
not limited to. gi gong, Taoist self-culti- 
vation exercises, dao yin. tai g] chuan. ba 
gua. neuro muscular re-education, medi- 



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PROPOSED RULES 



tative exercises, life counseling. 
(9) "Thermal methods" include, but are not 
limited to, moxibustion. herbal poultices, 
electro-magnetic wave, ultraviolet, ultra 
sound, laser acupuncture, hot and cold 
packs. 

Statutory Authority G. S. 90-454. 

SECTION .0200 - RESERVED FOR 
FUTURE CODIFICATION 



SECTION .0300 - CONTINUING 
EDUCATION 

.0301 STANDARDS FOR CONTINUING 
EDUCATION 

(a) Applicants for license renewal shall obtain 
40 continuing education units (CEU) every two 
years. CEU credit shall be piven only for courses 
which have content relating to Acupuncture or 
Oriental Medicine. The North Carolina Acupunc- 
ture Licensing Board will accept CEU from any of 
the following: 

(1) American Association of Acupuncture 
and Oriental Medicine (AAAOM) 
certified continuing education courses; 

(2) CEU offered by individual member 
schools of the National Accreditation 
Commission for Schools and Colleges 
of Acupuncture and Oriental Medicine 

INACSCAOMli 

(3) National Alliance for Acupuncture and 
Oriental Medicine Certified continuing 
education courses. 

£b} All CEU programs not meeting the require- 
ments of Subparagraphs (a)(l)-(3) of this Rule 
must be approved by the Board, including any 
course taught outside of North Carolina. All CEU 
held within the state of North Carolina must apply 
according to Subparagraphs rb)(l)-(6) of this Rule. 
A pproval shall be given if the course has content 
relating to Acupuncture or Oriental Medicine and 
updates or refreshes the clinical skills or knowl- 
edge of an acupuncturist. 

Applications for CEU program approv- 
al shall be submitted to the Board office 
at least 60 days prior to the date of pre- 
sentation. 

Each CEU program a pplication shall 
contain: 
a detailed 



m 



12} 



£A1 a 



program outline or sylla- 



(O the procedure to be used for recording 

attendance: and 
(D) a fee as established in Rule .0103 of 

this Chapter. 

(3) The Executive Secretary of the Board 
shall notify the provider of the Board's 
decision on each a pplication. 

(4) Upon approval of a CEU, the Board 
shall assign an identification number to 
that program. 

(5) If a CEU is not approved by the Board, 
the reasons for the rejection shall be 
stated by the Executive Secretary in a 
letter to the provider. 

(6) If approved, the provider may identify 
the program as "approved by the North 
Carolina Acupuncture Licensing Board 
for purposes of Continuing Education 
Units" in any advertisement. 

(c) Programs that do not meet the approval of 
Subparagraphs (a)(l)-(3) of this Rule must go 
through the approval process of Subparagraphs 
(b)(l)-(6) of this Rule. 

(d) One continuing education unit is defined as 
one contact hour or 50 minutes. 

(e) CEU hours are not retroactive nor cumula- 
tive. All credit hours must be earned within the 
biennium for which they are claimed. 

(f) A continuing education unit or portions 
thereof which are primarily devoted to administra- 
tive or business management aspects of Acupunc- 
ture practice shall not be approved for Continuing 
Exlucation Credit. 

Statutory Authority G.S. 90-454. 



bus; 
(B) a current curriculum 
speaker or lecturer: 



vitae of each 



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March I, 1995 



2017 



PROPOSED RULES 



TITLE 25 - OFFICE OF STATE PERSONNEL 

Notice is hereby given in accordance with G.S. 150B-21.2 that the State Personnel Commission intends to 
amend rule(s) cited as 25 NCAC IE .0203, .0204, .0207, .0210, .0301, .0305, .0311, .0312, .0314, .0315, 
.1302 - .1306; adopt 25 NCAC IE .0216, .0317, IN .0201 - .0206; and repeal 25 NCAC IC .0211. 

1 he proposed effective date of this action is June 1 , 1995. 

Ihe public hearing will be conducted at 9:00 a.m. on April 6, 1995 at the State Personnel Development 
Center, 101 West Peace Street, Raleigh, North Carolina. 

ixeason for Proposed Action: 

25 NCAC IC .0211 - This Rule is proposed to be repealed in order to adopt new rules that will insure that 

state employees are provided necessary personal protective equipment in order to perform job functions in a 

safe and healthful work environment. 

25 NCAC IE .0203, .0204, .0207, .0210 - These Rules are proposed to be amended in order to offer guidance 

and clarification to the state agencies and universities in implementing changes regarding the method of paying 

terminal leave, the deduction for overdrawn leave, and including time-limited appointment for eligibility to 

earn leave. 

25 NCAC IE .0216 - This Rule is proposed to be adopted in order to offer guidance and clarification to state 

agencies and universities in accounting of prior service to be considered as total state service. 

25 NCAC IE .0301, .0305, .0311, .0312, .0314, .0315 - These Rules are proposed to be amended in order 

to offer guidance and clarification to state agencies and universities in the change of method for employees 

exhausting leave prior to going on leave without pay, as well as changes in definition of immediate family and 

changes in the deduction of overdrawn leave. 

25 NCAC IE .0317 - The Rule is proposed to be adopted in order to offer guidance and clarification to state 

agencies and universities in defining the "immediate family " . 

25 NCAC IE .1302 - .1306 - These Rules are proposed to be amended in order to offer guidance and 

clarification to state agencies and universities in administering the voluntary shared leave procedures. 

25 NCAC IN .0201 - .0206 - These Rules are proposed to be adopted in order to insure that state employees 

are proxided necessary personal protective equipment in order to perform Job functions in a safe and healthful 

work environment. 

(comment Procedures: Interested persons may present statements either orally or in writing at the Public 
Hearing or in writing prior to the hearing by mail addressed to: Patsy Smith Morgan, Office of State 
Personnel, 116 West Jones Street, Raleigh, North Carolina 27603. 

CHAPTER 1 - OFFICE OF STATE PERSONNEL 

SUBCHAPTER IC - PERSONNEL ADMINISTRATION 

SECTION .0200 - GENERAL EMPLOYMENT POLICIES 

.0211 PERSONAL PROTECTIVE EQUIPMENT 

Eff e ctive May 1, 1976. the otate will fumish, at no oost to th e e mploy e e, certain personal protectiv e 
e quipm e nt as r e quir e d by th e North Carolina Oocupationol Safety and H e alth Aot of 1973. — The Stat e 's 
responsibility is not e d in e ach cat e gory list e d b e low: 

EQUIPMENT GUIDE 

(i^ — Ey e Protection 

(a) — Safety GloBo e o R e quir e d when ther e is dang e r 

— Non preGoription from flying particl e s from such 

— 100% Stat e operations as: — striking m e tal to 



2018 NORTH CAROLINA REGISTER March 1, 1995 9:23 



PROPOSED RULES 



Pr e ooription — 
Employee pro 
video ooot of 



— examination; 
— State provideo 
— ooot of lons e o 
— and fram e s. 
(b) — Saf e ty Glaoooo with 



m e tal, hammering naila, oawing, 
grinding, sanding, drilling, 



m e tal cutting, e to. 



R e quir e d to prot e ct employ ee s from 



side ohiolds 



Non preooription 
100% Stat e 



Preooription — 
Employee pro 
vid e o oost of 



— e xamination; 

— State provides 
— ooBt of lenoeo 
— and fram e s, 
(o) Goggl e s 100% State 



(i) — Ch e mioal 



{ii) — Duot/Pttrtiol e o 



(iii) — W e lding 



(2) W e lding Hood with 

l e no e o 100% Stat e 

(3) Fao e Shield 100% State 



( 4 ) Hard Hat 100% Stat e 



(5) Saf e ty Hat Lin e ro 



flying partioleo that may e nt e r 
at an angle behind saf e ty glass e s 



when e xposed to op e rations suoh 
a s thos e list e d in (l)(a) of thi s 



Rul e . — Usually r e quir e d whore two 



or mor e e mploy ee s ar e worldng in 



olose proximity. 



R e quir e d to prot e ct e mploy ee s' 
e y e s from ch e mical splash e s or 



sprays whil e handling or e xpos e d 
to oh e mioals suoh as acids. 



caustics, solv e nts, toxic liquids, 
or oth e r liquids. 



R e quired to protect employees' 



e y e s from toxic and/or abrasiv e 
dust and particl e s. 



R e quir e d to prot e ct e mploy ee s' 



e y e s e xpos e d to w e lding op e rations. 
R e quir e d for aro w e lding. 



Required to protect employees' 



e y e s and fao e wh e n e xpos e d to 
thos e op e mtiono listed in (1) 
of this Rule. — Th e fao e shi e ld is 



necessary when the probability of 
facial injury is gr e at; such as 



wh e n pouring acid. 

Required to prot e ct e mploye es ' 



h e ad from falling obj e cts such as 
ov e rh e ad tools, briolts, boards. 



equipment, building mat e rial, 
scaffolds, e tc. 



R e quir e d for cold weath e r when 
saf e ty hat is worn. 



100% State 



{6) — R e spirators 100% Stat e 
(a) Dust (Filt e r) 



R e quired to protect employ ee s' 
lungs from nuisanco and toxic 



dusts. — Sp e cific respirators for 



prot e ction against th e typ e dust 



e xposur e must b e worn. 
R e quir e d for all dust e xposur e 
abov e th e TLV recorded in the OSHA 



Standard. 



9:23 



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March 1, 1995 



2019 



PROPOSED RULES 



{b) — Air ouppli e d with 



R e quir e d to provid e r e opimbl e air 
for e mploy ee s e xpoo e d to toxio 



faoopioo e or 
sondbloBting 



hood 



^ — Organio vapor, 
— paint spray, 



inoootioid e . 



oto. 



f7) — S e lf contain e d br e ath 



fumeo, vaporo, and gases that ar e 
not imm e diat e ly dang e rous to lif e - 



R e quir e d wh e n spray painting, 
spraying ins e otiold e s, and wh e n 



e v e r toxio vapors ar e pr e s e nt in 
th e e mploy ee 's work e nvironm e nt- 



R e quir e d to e nt e r toxio or oxygon 
defioiant atmosph e res and/or 



ing air mask 
100% State 



r e sou e p e rsonn e l in suoh atmosph e r e s- 



Should b e availabl e n e ar tank e ntry 



location for rosoue purposes. 



G e n e rally us e d in ar e as that may b e 
imm e diat e ly dang e rous to lif e . 



( 8 ) Gloves 
(a) — El e otrioal (Rubb e r) 



100% Stat e 



R e quir e d to pr e v e nt e mploy ee 
e l e otrooution from aooid e ntal 



oontaot with e n e rgiz e d e quipment- 
Shall not b e us e d as primary 



prot e ction rather than grounding 
and d e activation. — Must b e visually 



insp e cted prior to e ach use to verify 



int e grity and curr e nt quart e rly e l e o 
trioal continuity t e sts. — Eaoh glov e 



{b) — Asbestos or 
— Aluminiz e d 



must b e conspicuously marked with 
last t e st dat e and e xpiration dat e - 



Required to prot e ct e mployees from 
hot liquid or obj e cts such as molt e n 



100% Stat e 



m e tal and h e ated riv e ts. — R e quir e d to 
handle obj e cts with t e mp e ratur e s 



{&) — L e ath e r 



100% Employe e 
W e ld e r's 



100% Stat e 



(d) — Canvas 



100% Employ ee 



abov e 1 ^0 d e gr ee s F. 



R e quir e d to prot e ct e mploy ee s' 



hands from rough, sharp objects 
that may p e n e trat e canvas glov e s 



such as sharp m e tal e dges of 
sh ee tm e tal and w e lding sparlcs- 



R e quir e d to prot e ct e mployees' 
hands from wood e n splint e rs, rough 



{e) — M e tal M e sh 



e dg e s and friction bums (blist e rs). 
R e quir e d to prot e ct e mployees' hands 



100% Stat e 



^ — Rubb e r and Plastio 



(n e opron e or 



from sharp kniv e s, glass, e tc. 
R e quir e d for prot e ction against 



ch e mical hazards wh e r e other glove 
mat e rial will not suffic e . 



— polyvinyl chlorid e ) — 
100% Stat e 
(9) — Cov e ralls or Aprons 
(a) Canva s 100% Stat e 



R e quir e d to prot e ct e mployoos from 



{b) — Non Porous 



oontaot with toxio dry ch e micals 
such as antimony, l e ad, biological 
hazards, e tc. 



R e quir e d to prot e ct e mployoos from 
contact with toxio liquid oh e mioals 



(Plastic/rubb e r) 
100% Stat e 



{e) — L e ather or oth e r 



and biological hazards. 

R e quir e d for prot e ction of w e ld e rs 



2020 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



flamo rosifltant 



{m- 



— matorial 

100% Stat e 
Foot Protootion 



{a) — Safety Sho e s 



{b) — Rubber Boots 



against flying sparlcs. 



For e mploy ee s who ar e r e quir e d to 



w e ar saf e ty sho e s, und e r th e provi 
sions of the N.C. Oooupational Safety 
and H e alth Aot of 1973, th e s tat e 



will r e imburse th e employee for th e 



purchas e oost not to e xc ee d fifty 
four dollars ($5 4 .00) for on e pair 



of sho e s per year. — The employee may 



purchas e sho e s t) e rsonally and b e 
r e imburs e d or an ag e ncy may supply 



sho e s under the rul e s and r e gulations 
of th e State Purchas e and Contract 



Division not to exc ee d a unit oost of 



fifty four dollars ($5 4 .00). If th e 
employee is personally r e imburs e d. 



Forms BD 103 with attach e d r e c e ipt 
s hall b e u se d. 



R e quir e d to k ee p e mploy ee s' f ee t dry 
wh e n r e quir e d to routin e ly work in 
w e t locations such as flood e d 



100% Stat e 



(11) Saf e ty B e lts and 



ditch e s- 



R e quir e d to protect e mployees from 
falling whil e worlcing at elevated 



Lif e Lin e s 



100% Stat e 



(12) Saf e ty N e t 
100% Stat e 



(10 f ee t or greater) locations not 



prot e cted by standard guardrails or 
safety n e ts. 



R e quir e d to protect employ ee s work 
ing over 25 feet abov e ground or 



(4^) — Ear Protootion 



or V i pt e r l e vel where other protective 
devices ar e impractical. — R e quir e d 



for s uch operations as e r e oting 



steel. 



As r e quir e d by e stablish e d standards. 



100% State 
(1 4 ) Life Rings 
100% Stat e 



R e quir e d with 90 foot of lin e near 
e ach barg e . 



(15) Lif e Jack e t 



R e quir e d wh e n e xfws e d to falls into 
wat e r ov e r five feet deep wh e n guard 



100% State 



(16) Oth e r 



rails or safety' nets ar e not 
provid e d. 



Additional items will b e add e d as 



approved by the Stat e Labor Departm e nt 
and Offic e of Stat e P e rsonn e l. 



Statutory Authority G. S. 126-4. 

SUBCHAPTER IE - EMPLOYEE BENEFITS 
SECTION .0200 - VACATION LEAVE 
.0203 LEAVE CREDITS 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2021 



PROPOSED RULES 



(a) Vacation leave credits shall be provided for a full-time or part-time (half-time or mor e over) employee 
with a permanent, trainee, time-limited or probationary a ppointment e mploy e e who is in pay status for 
one-half of the regularly scheduled workdays and holidays in a pay period. The rate is based on length of 
total p e rmonoa t state service. Leave for part-time employees shall be computed as a percentage of total 
amount provided to a full-time employee. 

(b) The following schedule indicates graduated vacation leave granted: 



Years of Total 
State Service 

Less than 2 years 
2 but less than 5 years 
5 but less than 10 years 
10 but less than 15 years 
15 but less than 20 years 
20 years or more 



Hours 


Hours 


Days 


Granted 


Granted 


Granted 


Each Month 


Each Year 


Each Year 


7 hrs. 50 mins. 


94 


11 3/4 


9 hrs. 10 mins. 


110 


13 3/4 


11 hrs. 10 mins. 


134 


16 3/4 


13 hrs. 10 mins. 


158 


19 3/4 


15 hrs. 10 mins. 


182 


22 3/4 


17 hrs. 10 mins. 


206 


25 3/4 



(o) Total Stat e Sor^'io e Defin e d. Total otnt e s e rvic e is th e tim e of full tim e or port tim e (half tim e or over) 
perman e nt, train ee , probationary or provisional e mployment, wheth e r subj e ct to or — exempt from the State 
P e rsonn e l Act. — If an e mploy ee so appoint e d is in pay status or is on authorized military leav e for one half 
of th e regularly schedul e d workdays and holidays in a pay p e riod, cr e dit shall b e giv e n for th e e ntir e pay 
period. They will r e c e iv e full cr e dit for oaoh pay period the omployooo ar e in pay status for on e half of thoir 
sch e duled workdays and holidays. 

Statutory Authority G.S. 126-4; 126-8. 



.0204 TOTAL STATE SERVICE DEFINED 

(ft) — Aggregat e stat e s e rvic e shall b e cr e dit e d for 
full time or part tim e (half tim e or ov e r) p e rma 
nent, traine e , probationary, or provisional e mploy 
mont, whether subject to or exempt from th e Stat e 
Personn e l Act. — If an e mploy ee is in pay status 
(working, e xhausting vacation or sick leave, or 
drawing — work e r's — comp e nsation — net — to e xce e d 
tw e lv e months) or is on authorized military l e av e 
for on e half or mor e of th e r e gularly sch e dul e d 
workdays in a month, cr e dit shall bo given for th e 
entir e month. — P e rman e nt part tim e e mployees are 
credit e d with aggregat e stat e servic e on a pro rata 
basis; it is comput e d as a p e rc e ntag e of th e amount 
th e e mploy ee would b e cr e dit e d if p e rman e nt 
full tim e . 

(a) Total state service is the time of full-time or 
part-time (half-time or over) employment of an 
employee with a permanent, trainee, probationary 
or time-limited appointment, whether subject to or 
exempt from the State Personnel Act. If an em- 
ployee so appointed ]s in pay status or is on 
authorized military leave for one-half of the regu- 
larly scheduled workdays and holidays in a pay 
period, credit shall be given for the entire pay 
period. They will receive full credit for each pay 
period the employees are in 2§y status for one-half 
of their scheduled workdays and holidays. 



(b) Credit toward total aggr e gate state service 
shall also be given for: 

(1) employment with other governmental 
units which are now state agencies (for 
example: county highway maintenance 
forces. War Manpower Commission, 
the judicial system); 

(2) authorized military leave from any of 
the governmental units for which ser- 
vice credit is granted, provided the 
employee returns within the time limits 
outlined in the state military leave 
policies (see 25 NCAC IE, Section 
.0800, Rules .0801 - .0819); 

(3) employment with the county agricultur- 
al extension service, community college 
system and the public school system of 
North Carolina, with the provision that 
a school year is equivalent to one full 
year; 

(4) employment with a local mental health, 
public health, social services or emer- 
gency management agency in North 
Carolina; 

(5) employment with the General Assembly 
(except for legislators, participants in 
the Legislative Intern Program and 
pages). 



2022 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



Statutory Authority G.S. 126-4; 126-8. 

,0207 LEAVE CHARGES 

Leave shall be charged in units of time appropri- 
ate and consistent with the responsibility of manag- 
ing absences in keeping with operational needs. 
Leave to be paid as terminal leave and leave to be 
exhausted before disability — r e tir e m e nt — er leave 
without pay shall be in units nearest to a tenth of 
an hour, i.e.. 1/10 of an hour for each six minutes 
of on e hour . 

Statutory Authority G.S. 126-4. 

.0210 SEPARATION: PAYMENT 
OF VACATION LEAVE 

(a) Lump sum payment for leave is made only 
at the time of separation. An employee shall be 
paid in a lump sum for accumulated leave not to 
exceed a maximum of 240 hours when separated 
from state service due to resignation, dismissal, 
reduction in force or death. 

An employee is not entitled to any scheduled 
holiday occurring after the last day of work. The 
employee ceases to accumulate leave and ceases to 
be entitled to take sick leave. The last day of 
work is the date of separation. Employees separat- 
ing from state service due to service retirement or 
early retirement may elect to exhaust vacation 
leave after the last day of work but prior to the 
effective date of retirement. All benefits accrue 
while leave is being exhausted. If leave is ex- 
hausted, the last day of leave is the date of separa- 
tion. Any unused leave not exhausted must be 
paid in a lump sum not to exceed 240 hours. If no 
leave is exhausted, the last day of work is the date 
of separation. 

(b) If an employee separates and is overdrawn 
on leave, it will be necessary to make deductions 
from the final salary check. It will be deducted in 
full hour units nearest to a tenth of an hour , i.e., 
a full hour for any port of an hour ov e rdrawn 1/10 
of an hour for each six minutes overdrawn . 

(c) Payment for leave may be made on the 
regular payroll or on a supplemental payroll, 
reflecting the number of days of leave and the 
amount of payment. Leave may be paid through 
the last full nearest tenth of an hour of unused 
leave. This will be charged to the budget subhead 
under which the employee's position was charged. 
A separate check must be issued for any part of 
any travel due. 

(d) Retirement deduction shall be made from all 
leave payments. 

(e) Receipt of lump sum leave payment and 



retirement benefit shall not be considered as dual 
compensation. 

(f) In the case of a deceased employee, payment 
for unpaid salary, leave, and travel must be made, 
upon establishment of a valid claim, to the de- 
ceased employee's administrator or executor. In 
the absence of an administrator or executor, 
payment must be made in accordance with the 
provisions of G.S. 28A-25.6. 

Statutory Authority G.S 28A-25.6(a),(c); 126-4. 

.0216 ACCOUNTING FOR CREDITABLE 
SERVICE 

The agency shall be responsible for informing 
each employee of the types of prior service which 
are eligible to be counted as total state service. If 
the employee fails to produce evidence of prior 
service at the time of employment and later pro- 
duces such evidence, it creates a cumbersome, 
time consuming process to adjust leave records. 
When this occurs, credit will be allowed for the 
service and the earnings rate will be adjusted; 
however, retroactive adjustments will only be 
allowed for the previous twelve months. Excep- 
tions will be made if the agency is at fault or fails 
to properly detect prior service. 

Statutory Authority G.S. 126-4; 126-8. 

SECTION .0300 - SICK LEAVE 

.0301 SICK LEAVE CREDITS 

(a) Sick leave credits at the rate of 8 hours per 
month or 96 hours per year shall be provided for 
a full-time or part-time (half-time or mor e over) 
employee with a permanent care e r , trainee^ er 
probationary or time-limited appointment employcx? 
who is in pay status for one-half of the regularly 
scheduled workdays and holidays in a pay period. 

(b) Leave for part-time employees shall be 
computed as a percentage of total amount provided 
to a full-time employee. 

Statutory Authority G.S. 126-4; 126-8. 

.0305 USE OF SICK LEAVE 

{a) Sick leave may be used for^ 

(1) illness or injury which prevents an em- 
ployee from performing usual dutiesj and 
fef 

£2} the actual period of temporary disability 
coimected with childbearing or recovery 
therefromT as defined in this Rule: 
In aooordano e with th e otate'o policy on Equal 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2023 



PROPOSED RULES 



Employmont Opp>ortunity, f e malo employ e oo oholl 
not b e p e naliz e d in th e ir oondition of e mploym e nt 
b e oauo e th e y r e quire time av ^ oy from work oauo e d 
by or contribut e d to by pr e gnancy, miooarriage, 

abortion, childbirth and r e cov e ry. Dioabiliti e s 

rooulting from pregnancy ohall, — for sick l e av e 
purpo se s, b e tr e ated th e sam e as any oth e r t e mpo 
rary disability suffered by an e mploy ee . — Aooumu 
lat e d sick leave may b e us e d for th e f) e riod of 
actual disability as a r e sult of childb e aring or 
r e cov e ry therefrom. 

(a) the natural mother may use accumulated 
sick leave for the actual period of tem- 
porary disability caused or contributed 
to by pregnancy and childbirth. 

(b) a member of the employee's immediate 
family may request sick leave to care 
for the mother and newborn infant 
during the natural mother's period of 
temporary disability: 

Since there is no certainty as to when disability 
actually begins and ends, a doctors doctor's certifi- 
cate or other acceptable proof shall be required 
verifying the employee's period of temporary 
disability. 
(b) Sick l e av e may also bo requested for: 

(3) fl^medical appointments of the 
employee's immediate family (this 
includes dependents) : 

(4) (3)the illness of a member of the 
employee's immediate family: 

Note: For this purpos e , imm e diat e family is 
d e fin e d as spous e , par e nts, childr e n (including st e p 
r e lationships) and oth e r d e pendents living in the 
hous e hold It is not required that the immediate 
family be living in the household . 

(5) 0)the death of a member of the 
employee's immediate familyT j 

(6) donation to a member of the employee's 
immediate family who qualifies for 
Voluntary Shared Leave. 

Note! For thi s purpna se , — imm e diat e family is 

d e fin e d — as — spous e , — par e nts, — childr e n, — broth e r, 

sist e r, — grandparents, — and gmndchildr e n. Afee 

included — afe — the — step; — half; — and — in law 
r e lationships. 

Statutory Authority G.S. 126-4. 

.0311 SEPARATION 

(a) Sick leave is not allowable in terminal leave 
payments when an employee separates from state 
service. It may b e e xhaust e d prior to disability 
r e tir e m e nt. 

(b) If an employee separates and is overdrawn 



on leave, it will be necessary to make deductions 
from the final salary check. It will be deducted in 
full hour units nearest to a tenth of an hour , i.e., 
a full hour for any part of an hour ov e rdrawn 1/10 
of an hour for each six minutes overdrawn . 

Statutory Authority G. S. 126-4. 

.0312 REINSTATEMENT OF SICK 
LEAVE 

(a) Sick leave shall be reinstated when an 
employee returns from authorized leave without 
pay or when reinstated within throe five years 
from any type of separation. 

(b) Sick leave may be reinstated when an 
employee returns to employment subject to G.S. 
Chapter 126 within thr ee five years after 
separating from a local government, public school, 
community college, or technical institute. 

Statutory Authority G.S. 126-4. 

.0314 SICK LEAVE WITHOUT PAY 

An employee may be granted leave without pay 
under the conditions listed in this Rule. If leave is 
exhausted, it shall be exhausted to the nearest tenth 
of an hour. The date separated shall be the last 
day of work or the fast day leave is exhausted, 
whichever is later. In cases where no leave is 
available and the disability occurs after the last day 
of work and before the beginning of the next 
workday, the date separated shall be the date the 
disability occurs. 

(1) Employee Illness ^ For employees not 
covered under Item (2) of this Rule the 
agency may grant sick leave without pay 
up to one year after leave has been 
exhausted. Extension of sick leave 
without pay beyond one year shall be 
managed by and documented by the 
agency head. An employee shall exhaust 
accumulated sick leave before going on 
leave without pay. The agency may 
require that the employee use 
accumulated vacation leave before 
granting leave without pay. 

(2) Disability Income Plan - The agency may 
grant sick leave without pay up to one 
year after leave has been exhausted. 

(a) Short-term Disability - Accumulated 
sick leave shall be exhausted during the 
waiting period required prior to short- 
term disability. Additional sick leave 
may be exhausted or it may be retained 
for future use. The employee may 



2024 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



IM 



13} 



also exhaust vacation leave or mav 
retain part or all of accumulated 
vacation leave. While exhausting 
leave, all benefits for which the 
employee is entitled are credited. 
Exhaustion of sick or vacation leave 
during the short-term disability period 
is in lieu of short-term disability 
benefits that may be otherwise payable- 
Long-term Disability ; If an employee 
is a pproved for long-term disability 
following the short-term disability, the 
employee must be separated from leave 
without pay. The employee shall be 
reinstated to the payroll for the purpose 
of exhausting any unused vacation and 
sick leave they had prior to going on 



leave without pay. The employee may 

choose to a pply the sick leave credits 

toward retirement if the employee 

would be eligible for service retirement 

within a five-year period. Under the 

laws governing the Disability Income 

Plan, the long-term disability benefit is 

not payable until the leave has been 

exhausted. 

Family and Medical Leave z Eligible 

employees shall be granted leave in 

accordance with 25 NCAC IE .1400, 

Family and Medical Leave for a period 

of 12 workweeks. Additional — l e av e 

without pay up to one year may b e 

grant e d — by — tfe« — ag e ncy — bead — fef — the 

r e maining p e riod of disability aft e r th e 

12 w ee k p e riod in aooordano e with th e 

proviBiona of 25 NCAC IE .1100, Oth e r 

L e av e a Without Pay. — Extenoion of siok 

l e av e without pay b e yond on e year shall 

b e manag e d by and dooum e ntod by th e 

agenoy head. 



Statutory Authority G.S. 126-4. 

.0315 LEAVE RECORDS 

(a) It is the responsibility of each agency to 
maintain annual records for sick leave for each 
employee. It shall be optional with each agency as 
to when and how often the crediting and balancing 
of an employee's leave record is to be done. 
However, it must be done at least once by the end 
of each calendar year. Agencies should assume 
responsibility for notifying employees of leave 
balances at least once each year. 

(b) Agencies must retain sick leave records for 
all separated employees for a period of at least 



fettf five years from the date of separation. 
Statutory Authority G.S. 126-4. 

.0317 DEFINITIONS 

For purposes of this Section, immediate family is 
defined as: 
(1) spouse - a husband or wife; 
£2} parent: 

(a) a biological or adoptive parent: or 

(b) an individual who stood in loco parentis 
£a person who is in the position or 
place of a parent) to an employee when 
the employee was a child: or 

(c) a step-parent: or 

(d) in-law relationships; 

(3) child ; a son or daughter who is: 

(a) a biological child; or 

(b) an adopted child: or 

(c") a foster child £a child for whom the 
employee performs the duties of a 
parent as if it were the employee's 
child): or 

(d) step-child {a child of the employee's 
spouse from a former marriage) ; or 

fe) a legal ward (a minor child placed by 
the court under the care of a guardian): 
or 

(f) a child of an employee standing in loco 
parentis; or 

(g) in-law relationships; 

(4) sister or brother ; biological, adoptive 
(including step-. half- or in-law 
relationships); 

(5) grandparents. great grandparents, 
grandchildren. great grandchildren 
(including step relationships): 

(6) other dependents living in the employee's 
household. 

Statutory Authority G.S. 126-4. 

SECTION .1300 - VOLUNTARY 
SHARED LEAVE PROGRAM 

.1302 POLICY 

(a) In cases of a prolonged medical condition an 
employee may apply for or be nominated to 
become a recipient of leave transferred from the 
vacation leave account of another employee within 
their agency or from the sick leave or vacation 
account of an immediate family member in any 
agency. For purposes of this Rule, medical 
condition means medical condition of an employee 
or their spouse, parents, children, or other 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2025 



PROPOSED RULES 



dependents (including step and in-law 
relationships) a family m e mb e r [opouo e , par e nts, 
childr e n (including st e p r e lationahipa) or oth e r 
depend e nts living in th e e mploy ee 'o houo e hold] of 
s«eh — e mploy e e that is likely to require an 
employee's absence from duty for a prolonged 
period, generally considered to be at least 20 
consecutive workdays. If an employee has had 
previous random absences for the same condition 
that has caused excessive absences, or if the 
employee has had a previous, but different, 
prolonged medical condition within the last 12 
months, the agency may make an exception to the 
20 day period may b e mad e. The intent of this 
Rule is to allow one employee to assist another in 
case of a prolonged medical condition, that results 
in exhaustion of all earned leave. 

(b) An employee who has a medical condition 
and who receives benefits from the Disability 
Income Plan of North Carolina (DIPNC) is not 
eligible to participate in the shared leave program. 
Shared leave, however, may be used during the 
required waiting period and following the waiting 
period provided DIPNC benefits have not begun. 

(c) Participation in this program is limited to 
1,040 hours, (prorated for part-time employees), 
either continuously or, if for the same condition, 
on a recurring basis. However, management may 
grant employees continuation in the program, 
month by month, for a maximum of 2,080 hours, 
if management would have otherwise granted leave 
without pay. 

(d) An employee on workers' compensation 
leave who is drawing temporary total disability 
compensation may be eligible to participate in this 
program. Use of donated leave under the workers' 
compensation program would be limited to use 
with the supplemental leave schedule published by 
the Office of State Personnel. 

(e) Subject to the maximum of 1 ,040 hours, the 
number of hours of leave an employee can receive 
is equal to the projected recovery or treatment 
period, less the employee's combined vacation and 
sick leave balance as of the beginning of the 
recovery or treatment period. The employee must 
exhaust all available leave before using donated 
leave. 

(f) Nonqualifying conditions: This leave does 
not apply to short-term or sporadic conditions or 
illnesses that are common, expected or anticipated. 
This would include such things as sporadic, 
short-term recurrences of chronic allergies or 
conditions; short-term absences due to contagious 
diseases; or short-term, recurring medical or 
therapeutic treatments. These examples are 



illustrative, not all inclusive. Each case must be 
examined and decided based on its conformity to 
the intent of this Rule and must be applied 
consistently and equitably. 

Statutory Authority G. S. 126-4. 

.1303 ADMINISTRATION 

All departments and universities shall develop 
policies and procedures to implement this 
program. If an agency's policy includes 
employees exempt from the State Personnel Act 
who are in leave earning and reporting positions, 
leave may be shared between subject and exempt 
employees. This Section does not apply to local 
government, community colleges or public 
schools. When implemented by a department or 
university, this program shall be administered by 
and within the parent department or university of 
the recipient employee subject to the availability 
of funds and under the conditions set out in 25 
NCAC IE .1304, .1305, .1306 and .1307. 

Statutory Authority G.S. 126-4. 

.1304 QUALIFYING TO PARTICIPATE 

IN VOLUNTARY SHARED LEAVE 
PROGRAM 

In order to participate in the Voluntary Shared 
Leave Program, an employee must meet the 
following conditions: 

(1) Employee must be a full-time or part- 
time (half-time or more) employee with a 
ifi permanent, probationary, ef trainee or 
time-limited appointment status . (The 
limitation and leave balance for 
permanent part-time employees is 
prorated.) Participation in this program 
shall be based on the employee's past 
compliance with leave rules. 

(2) By letter of application to the agency 
head, recipient shall apply, or be 
nominated by a fellow employee to 
participate in the program. A prospective 
recipient may make application for 
voluntary shared leave at such time as 
medical evidence is available to support 
the need for leave beyond the employee's 
available accumulated leave. The agency 
may establish internal guidelines to 
facilitate the administration of this 



would 



process. 

(3) Application for participation 

include name, social security number, 
classification, parent agency, jurisdiction 



2026 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



from which donations of leave would be 
requested, description of the medical 
condition and estimated length of time 
needed to participate in the program. A 
doctor's statement must be attached to the 
application. The Privacy Act makes 
medical information confidentialf^ When 
disclosing information on an a pproved 
recipient, only a statement that the 
recipient has a prolonged medical 
condition (or the family member) needs 
to be made, th e r e for e , prior to making If 
the e mploy ee 's employee wishes to make 
the medical status public for purpos e of 
r e c e iving shared l e ave , employees must 
sign a release to allow the status to be 
known. 

(4) The parent department or university shall 
review the merits of the request and 
approve or disapprove. Agency heads 
may ohooe choose to delegate the 
responsibility for reviewing the validity 
of requests to an existing peer group or 
establish a committee for this purpose. 
Such a committee may also be used in an 
advisory capacity to the agency head. 

(5) Establishment of a leave "bank" for use 
by unnamed employees is expressly 
prohibited. Leave must be donated on a 
one-to-one personal basis. 

(6) An agency with less than 200 employees 
may, with concurrence of another agency 
and with prior approval of the State 
Personnel Director, establish agreements 
with another small agency(ies) to be 
treated as one agency for purposes of this 
policy. 

Statutory Authority G.S. 126-4. 

.1305 DONOR GUIDELINES 

(a) A non-femily member donor may contribute 
only vacation leave to another employee within the 
same department or university. A non-femily 
donor may not contribute leave outside the parent 
agency. A femily member who is a state 
employee may contribute vacation or sick leave to 
another immediate family member state employee 
in any department or university. Siok l e av e may 
aloo be tmnoforred to an immediate fiimily m e mber 
in any d e partm e nt or univ e rsity if th e fhmily 
member is a spous e , par e nt, child (including st e p 
relationships) or other d e p e nd e nt living in the 
e mployee's household. — For transfer of vacation 
l e ave to an immediat e fhmily memb e r, imm e diate 



Immediate family is defined as spouse, parents, 
children, brother, sister, grandparents, and 
grandchildren^ great grandparents and great 
grandchildren . Also included are the step, half, 
and in-law relationships. For detailed definitions 
of immediate family see 25 NCAC IE .0317 
DEFINITIONS. 

(b) Minimum amount to be donated is four 
hours. An employee family member donating sick 
leave to a qualified family member under this 
program may donate up to a maximum of 1040 
hours but may not reduce the sick leave account 
below 40 hours. 

(c) The maximum amount of vacation leave 
allowed to be donated by one individual is to be no 
more than the amount of the individual's annual 
accrual rate. However, the amount donated is not 
to reduce the donor's vacation leave balance below 
one-half of the annua! vacation leave accrual rate. 

(d) — Leave donat e d to a r e cipi e nt's leave account 
is — e xempt — from — the — maximum — accumulation 
carry over re s trictions at cal e ndar year end. 

(d) {«)An employee may not directly or 
indirectly intimidate, threaten, coerce, or attempt 
to intimidate, threaten, or coerce, any other 
employee for the purpose of interfering with any 
right which such employee may have with respect 
to donating, receiving, or using annual leave under 
this program. Such action by an employee shall 
be grounds for disciplinary action up to and 
including dismissal on the basis of personal 
conduct. Individual leave records are confidential 
and only individual employees may reveal their 
donation or receipt of leave. The employee 
donating leave cannot receive remuneration for the 
leave donated. 

Statutory Authority G.S. 126-4. 

.1306 LEAVE ACCOUNTING 
PROCEDURES 

The following conditions shall control the 
accounting and usage procedures for leave 
donations in this program: 

(1) To facilitate the administration of the 
program, the agency may establish a 
specific time period during which leave 
can be donated. 

(2) Each agency shall establish a system of 
leave accountability which will accurately 
record leave donations and recipients' 
use. Such accounts shall provide a clear 
and accurate record for financial and 
management audit purposes. 

(3) Withdrawals from r e cipi e nt' s l«ave 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2027 



PROPOSED RULES 



Qooount will b e obarg e d to th e recipi e nt' s 
aooount aooording to usual leav e polioi e o. 
All leave donated shall be credited to the 
recipient's sick leave account. Voluntary 
shared leave available in the recipient's 
sick leave account will be charged 
according to 25 NCAC JJ .0300 SICK 
LEAVE. 

(4) Leave transferred under this program will 
be available for use on a current basis or 
may be retroactive for up to 30 calendar 
days to substitute for leave without pay 
or advanced vacation or sick leave 
already granted to the leave recipient. 

(5) At the expiration of the medical 
condition, as determined by the agency, 
any unused leave in the recipient's 
donated leave account shall be treated as 
follows: 

(a) The recipient's vacation and sick leave 
account balance shall not exceed a 
combined total of 40 hours (prorated 
for part-time employees). 

(b) Any additional unused donated leave 
will be returned to the donor(s) on a 
pro rata basis and credited to the leave 
account from which it was donated. 
Fraction(s) of one hour shall not be 
returned to an individual donor. 

(c) Each approved medical condition shall 
stand alone and donated leave not used 
for each approved incident shall be 
returned to the donor(s). Returned 
leave shall be credited to the same 
account from which it originally came. 
Employees who donate "excess" 
vacation leave (any amount above the 
240 maximum allowable carryover) at 
the end of December may not have it 
returned and converted to sick leave. 

(6) If a recipient separates due to resignation, 
death, or retirement from state 
government, participation in the program 
ends. Donated leave shall be returned to 
the donor(s) on a pro rata basis. 



.0201 PURPOSE 

(a) The North Carolina Occupational Safety and 
Health Act of 1973 was enacted to assure so far as 
possible every working man and woman in the 
State of North Carolina safe and healthful working 
conditions and to preserve our human resources. 

(b) North Carolina's OSHA bill which specifies 
all the occupational safety and health standards 
promulgated under the Federal Standard, Subpart- 
I-Ftersonal Protective Equipment, was adopted in 
North Carolina, effective November j^ 1994. 

Statutory Authority G. S. 126-4. 

.0202 APPLICATION 

Protective equipment. including personal 
protective equipment for eyes, face, head and 
extremities. protective clothing. respiratory 
devices, and protective shields and barriers, shall 
be provided, used and maintained in a sanitary and 
reliable condition wherever U is necessary by 
reason of hazards of processes or environment, 
chemical hazards, radiological hazards or 
mechanical irritants encountered in a manner 
capable of causing injury or impairment in the 
function of any part of the body through 
absorption, inhalation or physical contact. 

Statutory Authority G.S. 126-4. 

.0203 EQUIPMENT 

(a) Employer provided equipment ; It is the 
responsibility of the employer to provide, at no 
cost to the employee, all personal protective 
equipment which the employee does not wear off 
the iobsite or use off the job. 

(b) Employee-owned equipment ; Where 
employees provide their own protective equipment. 
the employer shall be responsible to assure its 
adequacy, including proper maintenance, and 
sanitation of such equipment. 

(c) Design ; All personal protective equipment 
shall be of safe design and constructed for the 
work to be performed. Defective or damaged 
personal protective equipment shall not be used. 



Statutory Authority G.S. 126-4. 



Statutory Authority G.S. 126-4. 



SUBCHAPTER IN - STATE 

EMPLOYEES WORKPLACE 

REQUIREMENTS PROGRAM 

FOR SAFETY AND HEALTH 

SECTION .0200 - PERSONAL 
PROTECTIVE EQUIPMENT 



.0204 HAZARD ASSESSMENT AND 
EQUIPMENT SELECnON 

(a) The employer shall assess the workplace to 
determine if hazards are present, or likely to be 
present, and will necessitate the use of personal 
protective equipment. If such hazards are present, 
or likely to be present, the employer shall: 



2028 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



(1) select and have each affected employee 
use the types of personal protective 
equipment that will protect the affected 
employee from the hazards identified in 
the hazard assessment; 

(2) communicate selection decisions to each 
employee; and 

(3) select personal protective equipment 
that properly fits each aflFected employ- 
ee. 

(b) The employer shall verify that the required 
workplace hazard assessment has been performed 
through a written certification that identifies the 
workplace evaluated, the person certifying that the 
evaluation has been performed, the dates of the 
hazard assessment, and which identifies the docu- 
ment as a certification of hazard assessment- 



protective equipment indicates that the 
employee has not retained the requisite 
understanding or skill. 
£d} The employer shall verify that each affected 
employee has received and understood the required 
training through a written certification that con- 
tains the name of each trained employee, the dates 
of training, and that identifies the subject of the 
certification. 

Statutory Authority G.S. 126-4. 



Statutory Authority G.S. 126-4. 

.0205 TRAINING 

(a) The employer shall provide training to each 
employee who is required to use personal protec- 
tive equipment. Each employee shall be trained to 
know at least the following: 

(1) when personal protective equipment is 
necessary; 

£2} what personal protective equipment is 
necessary; 

(3) how to properly don, doff, adjust, and 
wear personal protective equipment; 

(4) the limitations of the personal protective 
equipment; 

(5) the proper care, maintenance, useful 
life and disposal of the personal protec- 
tive equipment. 

(h) Each affected employee shall demonstrate an 
understanding of the training and the ability to use 
personal protective equipment properly, before 
being allowed to perform work requiring the use 
of personal protective equipment. 

(c) When the employer has reason to believe 
that any affected employee who has already been 
trained does not have the understanding and skill 
required, the employer shall retrain each such 
employee. Circumstances where retraining is 
required, include but are not limited to the follow- 
ing situations: 

£1} changes in the workplace, rendering 
previous training obsolete; 

(2) changes in the type of personal protec- 
tive equipment to be used, rendering 
previous training obsolete; 

(3) inadequacies in an affected employee's 
knowledge or use of assigned personal 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2029 



PROPOSED RULES 



.0206 GENERAL PERSONAL PROTECTIVE EQUIPMENT GUIDE 

The State as an employer will furnish, at no cost to the employee, certain personal protective equipment 
required by the job. Included as part of this policy is the "General Personal Protective Equipment Guide" as 
established by the North Carolina Department of Labor. The State's policy m providing this equipment is 
noted in each category of this Rule: 



EQUIPMENT 

L. Eye Protection 

a^ Safety Glasses - 100% State Funded 

except that employees who wear 
prescription glasses pay for the cost of 
the examination. 

K Safety Glasses with Side Shields ; 

100% State Funded except that 
employees who wear prescription 
glasses pay for the cost of the 
examination. 

c. Goggles - 100% State Funded 

- Chemical/Dust Nuisance 



; Welding Goggles ; Indirect 
Ventilation 

; Cup Goggles ; Direct Ventilation 

; Cup Goggles ; Indire ct Ventilation 

2^ Welding Helmet - 100% State Funded 

3^ Face Shield - 100% State Funded 
4. Hard Hat - 100% State Funded 



5^ Hard Hat Liners - 100% State Funded 

6. Respirators - 100% State Funded 

7. Gloves - 100% State Funded 



GUIDE 

As required to protect employee from eye 
hazards, such as. optical radiation or glare 
when only frontal protection is required. 
Shaded or special purpose lenses may be 
required. 

As required to protect employees from flying 
fragments, objects, large chips, particles, 
sand, dirt, etc. For severe exposure, add 
face-shield over safety glasses. 

As required to protect employees from 

chemical splashes, mist, sprays or nuisance 

dust. For severe exposure, add face-shield 

over goggles. 

As required to protect employees against 

eye hazards of welding, cutting, and brazing 

operations. 

As required to protect employee against eye 

hazards. 

As required to protect employee against eve 

hazards. 

As required to protect employee against eye 

hazards of welding, cutting, and brazing 

operations. 

As required to protect employee's eyes and 

face. 

As required to protect employee's head 

against impact and falling or flying objects. 

Class A ; used in construction and general 

industry where there is no exposure to high 

voltage, electrical shock or bums. Class 

B z use to protect the head against high 

voltage electricity. Reference: ANSI-Z89.1 

- 1986. 

As required to protect employee against the 

cold weather if hard hat is worn. 

As required to protect employee from 

airborne contaminants. 

As required to protect employee from 

physical, biological, chemical, radiation. 

or electrical hazards. Gloves used for 

electrical protection must be marked as to 

class of equipment and whether or not they 

are ozone-resistant, and shall meet the 

(ASTM) D 120-87 Specification for Rubber 

Insulating Gloves. 



Coveralls or Apron 



2030 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



PROPOSED RULES 



Canvas -100% State Funded 



b^ Non-Pbrous (Plastic/rubber) - 100% 

State Funded 



c^ Leather or Other Flame-Resistant 

Material - 100% State Funded 



9. Body Protection - 100% State Funded 

Personal protective footies, vests, aprons, 
coats, pants, coveralls and suits in a range 
of suitable materials and sizes. 

10. Foot protection 



a. 



*Safetv Shoe ^ State funds one pair 
per year, cost not to exceed dollar 
amount established biennially by the 
Office of State Budget and 
Management, which includes 
inflationary cost increase. Employee 
may purchase and be reimbursed on 
Form BD-403 or agency may supply 
under the rules and regulations of 
State Purchase and Contract Division 



b. 



* Rubber and Specialized Safety 
Boots - 100% State Funded 



11. 



Safety Belts, Harnesses and Life Lines ; 



12. 



Safety Nets - 100% State Funded 
Fall Arrest Safety System 



13. Ear Protection - 100% State Funded 

14. Life Ring - 100% State Funded 



As required to protect employee from 
contact with hazardous substances when 
canvas provides adequate protection. 
As required to protect employee from 
contact with hazardous substance when 
plastic or rubber is needed to provide 
adequate protection. 
As required to protect employee from 
hazardous substances when leather is needed 
to provide adequate protection and when 
leather or other flame-resistant materials is 
required to protect employee from fire 
hazards. 

As required to protect employee against 
biological, radiation, physical, or chemical 
hazards. Base selection on information in 
the workplace hazards control program. 
Reference: Appropriate OSHA-NC 
standard(s) on purchase request. 
As required to protect employee working 
in areas where there is a danger of foot 
injuries due to falling or rolling objects or 
objects piercing the sole or where protection 
is needed against electrical hazards. As 
required to protect employees from solid 
objects weighing 15 Ib^ or greater that (1) 
are handled routinely each work period 
(more than once per eight hours) by the 
employee or other employees, or (2) can 
fall on the exposed employee's toes from 
a height exceeding one foot. In general, 
does not app ly to oflice employees. 
NOTE: Protective footwear purchased shall 
comply with ANS1-Z41-I991, "American 
National Standard for Personal Protection - 
- Protective Footwear" . 



As required to keep employee's feet dry 
when employee routinely works in wet 
locations such as flooded ditches and to 
protect from electrical hazards or other 
hazards requiring specialized safety boots. 
As required to protect employees from 
100% State Funded falling while working 
at elevated (10 feet or greater) locations not 
protected by standard guardrails or safety 
nets or as required when working in 
confined spaces. 

As required to protect employees working 
over 25 feet above ground or water surface 
where other protective devices are 
impractical and conventional fall protection 
system cannot practically be made use of^ 
As required to protect employee against 
hearing loss due to noise. 
As required to protect employee 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2031 



PROPOSED RULES 



15. Life Jacket (flotation vest) 
or Funded 



100% State 



from drowning. 

As required for employees working over 

near water where the danger of drowning 

exists. 



Statutory Authority G.S. 126-4. 



2032 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
150B-21.9(a). State agencies are required to respond to RRC as provided in G.S. 1508-21. 12(a). 



AGRICULTURE 



Plant Industry 

2 NCAC 48D .0003 - Labeling 
Rule Withdrawn by Agency 

COMMERCE 

Community Assistance 

4 NCAC 19L .0407 - General Application Requirements 
Agency Revised Rule 

CORRECTION 



RRC Objection 
Obj. Removed 



02/16/95 



02/16/95 
02/16/95 



Division of Prisons 

5 NCAC 2B .0111 - Good Time 

Agency Revised Rule 
5 NCAC 2B .0112- Gain Time 

Agency Revised Rule 
5 NCAC 28 .0113 - Earned Time 

Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 
Environmental Health 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01/19/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 



15A NCAC 18A .2801 - Definitions RRC Objection 01/19/95 

Rule Approved as Written Obj. Removed 02/16/95 

15A NCAC 18A .2810 - Specifications for Kitchens, Based on Number/Children RRC Objection 01/19/95 

Agency Revised Rule Obj. Removed 02/16/95 



Environmental Management 

15A NCAC 2Q .01 12 - Applications Requiring Professional Engineer Seal 
No Response from Agency 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

General Procedures for Public Health Programs 

15A NCAC 24A .0404 - Reimbursement for Services Not Covered by Medicaid 
RRC Approved Motion to Reconsider 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 



RRC Objection 1 1 /1 7/94 

Obj. Cont'd 12/15/94 

Obj. Cont'd 01/19/95 

Eff. 02/01/95 



RRC Objection 12/15/94 

Obj. Contd 12/15/94 

Obj. Contd 01/19/95 

Eff. 02/01/95 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2033 



RRC OBJECTIONS 



Marine Fisheries 

15A NCAC 31 .0017 - Fishery Resource Grant Program 

Agency Revised Rule 
15A NCAC 30 .0304 - Consideration of Appeal Petitions 

Agency Revised Rule 

Wildlife Resources and Water Safety 

15A NCAC lOG .0206 - Authority of Boat Registration Agents 
Agency Revised Rule 

HUMAN RESOURCES 

Facility Services 

10 NCAC 3H .0221 - Administrative Penalty Determination Process 

Agency Revised Rule 
10 NCAC 3T . 0102 - Definitions 

Agency Revised Rule 
10 NCAC 3T .1109- Resident Care Areas 

Agency Revised Rule 

Individual and Family Support 

10 NCAC 42C .3601 - Administrative Penalty Determination Process 
Agency Revised Rule 

Medical Assistance 

10 NCAC 26H .0211 - DRG Rate Setting Methodology 

Agency Revised Rule 
10 NCAC 26H .0212 - Exceptions to DRG Reimbursement 

Agency Revised Rule 
10 NCAC 26H .0216 - Cost Reporting and Audits 

Agency Revised Rule 

INSURANCE 

Actuarial Services Division 



RRC Objection 01/19/95 

Obj. Removed 01/19/95 

RRC Objection 01/19/95 

Obj. Removed 01/19/95 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



01/19/95 
01/19/95 



01/19/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 



01/19/95 
01/19/95 



01/19/95 
02/16/95 
01/19/95 
01/19/95 
01/19/95 
01/19/95 



11 NCAC 16 .0705 - Claim Reserve Methodology and Actuarial Certification 
Agency Revised Rule 

Agent Services Division 

11 NCAC 6A .0801 - Definitions 

Agency Revised Rule 
11 NCAC 6A .0805 - Calculation oflCECs 

Agency Revised Rule 
11 NCAC 6A .0808 - Instructor Qualification 

Rule Withdrawn by Agency 
11 NCAC 6A .0809 - Approval of Courses 

Rule Withdrawn by Agency 
11 NCAC 6A .0811 - Sanctions for Noncompliance 



RRC Objection 
Obj. Removed 



01/19/95 
01/19/95 



RRC Objection 01/19/95 

Obj. Removed 01/19/95 

RRC Objection 01/19/95 

Obj. Removed 01/19/95 

01/19/95 

01/19/95 



2034 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



RRC OBJECTIONS 



Rule Withdrawn by Agency 
LABOR 
Private Personnel Services 

13 NCAC 17 .0102 - Licensing Procedures 

Agency Revised Rule 
13 NCAC 17 .0105 - Fee Reimbursement 

Rule Withdrawn by Agency 

LICENSING BOARDS AND COMMISSIONS 
Board of Dietetics/Nutrition 

21 NCAC 17 .0113 - Fees 

Agency Revised Rule 
21 NCAC 1 7 . 0201 - Definitions 

Agency Revised Rule 
21 NCAC 17 .0202 - Requirement for Review 

Agency Revised Rule 
21 NCAC 17 .0203 - Review and Board Action 

Agency Revised Rule 

Board of Examiners of Electrical Contractors 

21 NCAC 18B .0901 - Applicants Convicted of Crimes 
No Response from Agency 

Board of Electrolysis Examiners 

21 NCAC 19 .0203 - Application/Renewal, Reinstatement/Reactivation/License 

Agency Revised Rule 
21 NCAC 19 .0704 - Time Limits on Credit 

Agency Revised Rule 

Board of Opticians 

21 NCAC 40 .0314 - Apprenticeship and Internship Requirements; Registration 
Agency Revised Rule 
No Response from Agency 
Agency Responded 
No Response from Agency 

PUBLIC EDUCATION 

Elementary and Secondary Education 

16 NCAC 6C .0207 - Prospective Teacher Scholarship Loans 
SECRETARY OF STATE 
Notary Public Division 

18 NCAC 7 .0301 - Approved Course of Study 



01/19/95 



RRC Objection 
Obj. Removed 



01/19/95 
01/19/95 

01/19/95 



RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 



RRC Objection 01/19/95 
Obj. Contd 02/16/95 



RRC Objection 02/16/95 

Obj. Removed 02/16/95 

RRC Objection 02/16/95 

Obj. Removed 02/16/95 



RRC 


Objection 


11/17/94 


Obj. 


Contd 


11/17/94 


Obj. 


Cant d 


12/15/94 


Obj. 


Contd 


01/19/95 


Obj. 


Contd 


02/16/95 



RRC Objection 02/16/95 



RRC Objection 12/15/94 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2035 



RRC OBJECTIONS 



Obj. 


Cont'd 


01/19/95 


Obj. 


Cont'd 


02/16/95 


RRC 


Objection 


12/15/94 


Obj. 


Cont'd 


01/19/95 


Obj. 


Cont'd 


02/16/95 



No Response from Agency 
Rule Returned to Agency 
18 NCAC 7 .0302 - Instructors 
No Response from Agency 
Rule Returned to Agency 

TRANSPORTATION 

Division of Highways 

19A NCAC 2D .0825 - Confidentiality of Cost Estimates and Plan Holder Lists 

Agency Rexised Rule 
19A NCAC 2E .1001 - Definitions 

Agency Re\ised Rule 
19A NCAC 2E .1005 - Designation Process 

Agency Revised Rule 
19A NCAC 2E . 1007 - Removal Process 

Agency Revised Rule 



RRC Objection 


01/19/95 


Obj. Removed 


01/19/95 


RRC Objection 


02/16/95 


Obj. Removed 


02/16/95 


RRC Objection 


02/16/95 


Obj. Removed 


02/16/95 


RRC Objection 


02/16/95 


Obj. Removed 


02/16/95 



2036 



NORTH CAROUNA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina 's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



AUI 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

North Carolina Council for Women 

Family \^olence Prcvenlion Services v. N.C. Council for Women 

Division of Purchase and Contract 

Carolina Tel. & Telegraph Co. v. Admin., Div of Purchase & Contract 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Jerry Lee McGowan v. Alcoholic Beverage Control Comm. 

Alcoholic Beverage Control Comm. v. Entertainment Group, Inc. 

Alcoholic Beverage Control Comm. v. Daehae Chang 

Rayvon Stewart v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Alcoholic Beverage Control Comm. v. Peggy Sutton Walters 

Russell Bemaid Speller d/b/a Cat's Disco v. Alcoholic Bev Ctl Comm. 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Ed^vord Ogunjobi, Club Piccadilli v. Alcoholic Beverage Control Comm. 

Robert Kovalaske, Nick Pikoulas, Joseph Marahbum, Evangelos Pikoulas, 

d/b/a Our Mom's BBQ v. Alcoholic Beverage Control Commission 
Christine George Williams v. Alcoholic Beverage Control Comm. 
Lynn Ann Garfagna v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Raleigh Limits, Inc. 
Alcoholic Beverage Control Comm. v. Tilghman's of Topsail, Inc. 
Alcoholic Beverage Control Comm. v. COLAP Enterpriser, Inc. 
Alcoholic Beverage Control Comm. v. Mitch's Tavern, Inc. 
Alcoholic Beverage Control Comm. v. Ms. Lucy Jarrell Powell 
Alcoholic Beverage Control Comm. v. Richaid Wayne Barrow 
Alcoholic Beverage Control Comm. v. Subhashbai C. I^tel 
Alcoholic Beverage Control Comm. v. Daphne Ann Harrell 
Mr. & Mrs. Josh Bullock Jr. v. Alcoholic Beverage Control Comm. 
Jerome Crawford v. Alcoholic Beverage Control Commission 
Lawrence Mungin v. Alcoholic Beverage Control Commission 
Willie Poole Jr. v. Alcoholic Beverage Control Commission 
Alonza Mitchell v. Alcoholic Beverage Control Commission 
Roy Dale Cagle v. Alcoholic Beverage Control Commission 
Aytes Investments, Inc. v. ABC Comm. and Ripl^ Hotch, et. al. 
Christopher C. Cause, James A Jinwrighl v. Alcoholic Bev. Ctl. Comm. 
Rajaddin Abdelaziz v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Sherrie Rena Quick 
Carol Hewitt v. Alcoholic Beverage Control Commission 
Alcoholic Bev. Ctrl. Comm. v. F^rtnecship, T/A Price Downs Food Mart 
Alcoholic Beverage Control Comm. v. Sheila Charlesine Hildebiand 
Alcoholic Beverage Control Comm. v. James Earl Mullins, Sr 
Alcoholic Beverage Control Comm. v. Saleh Ahmed Fadah 
Alcoholic Beverage Control Comm. v. Daniel Thomas Franklin 

COMMERCE 

Savings Institutions Division 

James E. Byere, el al v. Savii^ Institutions 



94 DOA 0242 



94DOA 0516 



West 



04/13/94 



Morrison 01/21/95 



93 ABC 0363 


Morrison 


08/23/94 


93 ABC 0719 


Gray 


03/02/94 


93 ABC 0775 


Morrison 


09/21/94 


93 ABC 0793 


Nesnow 


04/11/94 


93 ABC 0892 


Morgan 


06/03/94 


93 ABC 0906 


Mann 


03/18/94 


93 ABC 0937 


Morrison 


03/07/94 


93 ABC 0993 


Morgan 


06/03/94 


93 ABC 1024 


West 


03/03/94 


93 ABC 1029 


Gray 


03/04/94 


93 ABC 1057 


Becton 


04/21/94 


93 ABC 1481 


Gray 


07/19/94 


93 ABC 1485 


Mann 


03/11/94 


94 ABC 0057 


Chess 


12/09/94 


94 ABC 0060 


Nesnow 


06/07/94 


94 ABC 0064 


Gray 


07/26/94 


94 ABC 0070 


Morgan 


06/06/94 


94 ABC 0079 


Gray 


10/14/94 


94 ABC 0083 


West 


11/01/94 


94 ABC 0115 


Nesnow 


07/18/94 


94 ABC 0124 


Morgan 


06/06/94 


94 ABC 0125 


Morgan 


06/06/94 


94 ABC 0149 


Chess 


08/08/94 


94 ABC 0232 


Chess 


09/02/94 


94 ABC 0257 


Morrison 


07/28/94 


94 ABC 0260 


West 


07/13/94 


94 ABC 0291 


West 


01/25/95 


94 ABC 0532 


Gray 


09/27/94 


94 ABC 0600 


Chess 


09/22/94 


94 ABC 0717 


Gray 


12/16/94 


94 ABC 0804 


Gray 


01/04/95 


94 ABC 0856 


West 


11/22/94 


94 ABC 0909 


Becton 


01/10/95 


94 ABC 0934 


West 


12/05/94 


94 ABC 0952 


Mann 


02/06/95 


94 ABC 1059 


Gray 


02/10/95 



9:22 NCR 1943 



9:11 NCR 870 



93 COM 1622 Chess 



03/01/94 



9:23 



NORTH CAROLINA REGISTER 



March I, 1995 



2037 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



CORRECTION 

Division of Prisons 

Gene Strader v. Departmenl of Coneclion 



94 DOC 0252 Morrison 03/21/94 



CRIME CONTROL AND PUBLIC SAFETY 



Joseph Guernsey &. I^trcnts, Robert Guems^ & Dolores Guernsey 
V. Pitt County Hospital Eastern Radiologists 



94 CPS 0413 



Gray 



07/11/94 



Crime Victims Compensation Commission 

Mae H. McMillan v. Crime Victims Compensation Commission 

James Hugh Baynes v. Crime Victims Compensation Commission 

Ross T. Bond v. Victims Compensation Commission 

James A. Canady v. Crime Victims Compensation Commission 

Virginia Roof v. Department of Crime Control & Public Safety 

Karen C. Tilghman v. Crime Victims Compensation Commission 

Rosemary Taylor v. Crime Victims Compensation Commission 

Violet E. Kline v. Crime Victims Compensation Commission 

Jacqueline Shepaid v. Victims Compensation Commission 

James Benton v. Crime Victims Compensation Commission 

Peiry Clark v. Crime Victims Compensation Commission 

J. Richaid Spencer v. Crime Victims Compensation Commission 

Albert H. Walker v. Crime Victims Compensation Commission 

Barbara Henderson v. Crime Victims Compensation Commission 

Shirley Handsome v. Crime Victims Compensation Commission 

Georgeann Young v. Crime Victims Compensation Commission 

Lawrence L. Tyson v. Crime Victims Compensation Commission 

Ada Battle v. Crime Victims Compensation Commission 

Lyman L. Chapman v. Crime Victims Compensation Commission 

Douglas and Virginia Wilson v. Crime Victims Compensation Comm. 

Blanche J. Taylor v. William Hooks Jr., Crime Victims Comp. Comm. 

Michelle L. Wilcox v. Crime Victims Compensation Commission 

Charlie E. McDonald v. Crime Victims Compensation Commission 

Lillie Alfotd/behalf/estate/Venise Alford v. Crime Victims Comp. Comm. 

Michael G. Low v. Crime Victims Compensation Commission 

Torbit Smith v. Victims Compensation Commission 

Maureen P. Wilson v. Crime Victims Compensation Commission 

Kay Thompson Chambeis v. Crime Victims Compensation Commission 

James R. Gray v. Crime Victims Compensation Commission 

Hazel Jarvis v. Victims Compensation Commission 

Pattie Hale v. Victims Compensation Fund 

Dana Harris v. Crime Victims Compensation Commission 

Dorian Walter St. Patrick Scott v. Victims Compensation Comm. 

Timothy W. Grant v. Crime Victims Compensation Commission 

Marvin C. Barnes v. Crime Victims Compensation Commission 

Susan Cooley v. Crime Victims Compensation Commission 

In the Matter of the Claim of Claimant: Shirl^ Robinson Victim: 

Dandre J. Lamont Offender Charles Fernandez v. Crime Victims 

Compensation Comm. 
Mary E. Haskins v. Crime Victims Compensation Commission 
Melissa C. Speer v. Crime Con. & I*ublic Safety, Victims Comp. Comm. 
Susan Wade v. Victims Compensation Commission 
Donna C. Garrison v. Crime Victims Compensation Commission 
Ray C. Jacobs v. Crime Control & Public Safety 

EMPLOYMENT SECURFTY COMMISSION 



92 CPS 1328 


Morgan 


08/11/94 


93 CPS 0801 


West 


03/28/94 


93 CPS 1104 


West 


04/21/94 


93 CPS 1108 


Gray 


03/28/94 


93 CPS 1347 


Nesnow 


03/24/94 


93 CPS 1608 


Reilly 


05/17/94 


93 CPS 1626 


Nesnow 


05/25/94 


93 CPS 1670 


Moigan 


06/13/94 


93 CPS 1720 


Chess 


12/06/94 


94 CPS 0034 


Chess 


06/14/94 


94 CPS 0127 


Reilly 


04/19/94 


94 CPS 0157 


Chess 


06/14/94 


94 CPS 0229 


Reilly 


08/11/94 


94 CPS 0259 


Morrison 


04/07/94 


94 CPS 0286 


Gray 


04/28/94 


94 CPS 0292 


Reilly 


04/18/94 


94 CPS 0368 


Gray 


04/26/94 


94 CPS 0414 


Reilly 


08/23/94 


94 CPS 0415 


Chess 


06/02/94 


94 CPS 0417 


Reilly 


06/07/94 


94 CPS 0464 


Mann 


10/28/94 


94 CPS 0467 


Reilly 


06/07/94 


94 CPS 0468 


Gr^ 


09/02/94 


94 CPS 0488 


West 


11/10/94 


94 CPS 0524 


Morrison 


06/13/94 


94 CPS 0535 


Bee ton 


10/26/94 


94 CPS 0567 


Gray 


09/23/94 


94 CPS 05S1 


Morrison 


09/28/94 


94 CPS 0603 


Reilly 


08/19/94 


94 CPS 0664 


Chess 


07/29/94 


94 CPS 0734 


West 


09/06/94 


94 CPS 0832 


Nesnow 


09/26/94 


94 CPS 0883 


Nesnow 


10/04/94 


94 CPS 0904 


Gray 


01/24/95 


94 CPS 0922 


Mann 


01/30/95 


94 CPS 1004 


Gray 


12/27/94 


94 CPS 1070 


Nesnow 


12/12/94 


94 CPS 1406 


Gray 


03/17/94 


94 CPS 1523 


Nesnow 


02/15/95 


94 CPS 1685 


Morrison 


02/01/95 


94 CPS 1690 


Reilly 


01/18/95 


94 CPS 1735 


Chess 


01/31/95 



9:2 NCR 114 



9:6 NCR 407 



9:13 NCR 1056 



David Lee Bush v. Emplcyment Security Commission 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Bohty StallingB v. Environment, Health, and Natural Resources 
James M. Lyles v. Brunswick County Office of Permits 



91 ESC 0395 



90 EHR 0612 
92 EHR 0333 



Reilly 



Morgan 
Chess 



08/18/94 



08/11/94 
09/22/94 



2038 



NORTH CAROLINA REGISTER 



March I, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



Erty Lamar Grainger v. Environment, Health, & Natural Resources 
William P. Shaver, R. McKinnon Morrison HI, Till Ray, Dr. Wesley 

C. Ray, Douglas W. Furr, Catherine H. Furr & Caldwell Creek Farm, Inc. 

V. EHNR-State of North Carolina 
Ron D. Graham, Suzanne C. Graham v. Robert Cobb, Mecklenbuig Cty 
Robert, Stephanie & Joshua Campbell v. EHNR; Child. Spcl Hllh Svcs 
Camel D. Pearson Jr. v. Craven Co. Division of Health & DEHNR 
I^tricia D. Solomon v. Macon County Health Department 
Elbert L. Winslow v. EHNR/Guilfoid Cty Health Depl. & Guilfoid Cty 

Planning & Zoning Boaid 
Kathryn A. Whitley v. Macon County Health Department 
Brook HollcKv Estates v. Environment, Health, &. Natural Resources 
Laney Oil Company, Inc. v. Environment, Health, & Natural Resources 
Bobty Combs v. Public Water Supply Section 

Oceanfront Court, David C. Gagnon v. Environment, Health, & Nat. Res. 
Scotland Water Co. v. Environment, Health, &. Natural Resources 
Sam's Club #8219 v. Mecklenburg County Health Department 
Everiiart &. Associates., Inc. and Hettie Tolson Johnson v. Environment. 

Health, and Natural Resources and 2^1ig Robinson 
Richaid A. Jenkins v. NC Water I^3lIution Ctl. Sys. Op. Cert. Comm. 
Eugene Crawford & Nancy P. Crawford v. Macon County Health Dept. 
Joseph B. Leggett v. Environment, Health. & Natural Resources 
Tri-Circuits, Inc. v. Envirormient, Health, & Natural Resources 
Thomas Taylor Fain v. Martin-TymsU-Wash. Dist. Health Depl., EHNR 
Marlen C Robb, Jr. v. CAMA, Washii^llon, NC EHNR 
Irene, Will, Eric Lilaker v. Montgomery County Health Department 
James Loder v. New HancN-er Inspection Svcs., Local CAMA Permit Off. 
H. W. Golding v. Environment, Health, & Natural Resources 
National Food Market v. Environment, Health, and Natural Resources 
Edna M. Blake v. EHNR and Onslow County Health Department 
Harvey Ted Hemilright, Wendy Leigh Hemilright v. EHNR 
Lee E. Harrell v. Enviroimaent, Health, & Natural Resources 
Conbraco Industries, Inc. v. Environment, Health, &. Natural Resources 
Briarcliffe F^rtnership, Barry R. Sidden v. Env. , Health, & Nat. Res. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


93 EHR 0071 


Reilly 


11/22/94 




93 EHR 0452 


Morgan 


08/11/94 




93 EHR 1017 


Bee ton 


05/31/94 




93 EHR 1019 


Becton 


12/28/94 


9:20 NCR 1688 


93 EHR 1759 


Mann 


09/06/94 




93 EHR 1777 


West 


05/23/94 




94 EHR 0086 


Chess 


07/13/94 




94 EHR 0088 


West 


07/13/94 




94 EHR 0093 


West 


06/03/94 




94 EHR 0098 


Nesnow 


01/13/95 




94 EHR 0202 


West 


10/19/94 




94 EHR 0210 


Chess 


06/21/94 




94 EHR 0239 


Morrison 


01/31/95 




94 EHR 0329 


Nesnow 


06/15/94 


9:7 NCR 496 


94 EHR 0392 


Reilly 


10/18/94 


9:15 NCR 1231 


94 EHR 0424 


West 


10/11/94 




94 EHR 0500 


Gray 


06/10/94 




94 EHR 0560 


West 


09/21/94 




94 EHR 0601 


Morrison 


06/30/94 




94 EHR 0736 


West 


11/22/94 




94 EHR 0767 


West 


11/22/94 




94 EHR 0776 


Gray 


09/06/94 




94 EHR 0821 


Chess 


11/21/94 




94 EHR 0913 


Reilly 


01/23/95 




94 EHR 0998 


Reilly 


12/19/94 




94 EHR 1035 


Bee ton 


02/10/95 


9:23 NCR 2060 


94 EHR 1402 


Reilly 


02/09/95 




94 EHR 1663 


Reilly 


02/09/95 




94 EHR 1686 


Reilly 


02/14/95 




94 EHR 1730 


West 


02/09/95 





Coastal Management 



Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
John R. Hooper v. EHNR, Div./Coastal Mgmt & Bird's Nest Partnership 
Gary E. Montalbine v. Division of Coastal Management 
I^ty-Midgett I^rtneiship v. Coastal Resources Commission 



89 EHR 1378- 


Gray 


04/07/94 


90 EHR 0017*^ 


Gray 


04/07/94 


90 EHR 0455 


Morgan 


08/11/94 


93 EHR 1792 


Nesnow 


03/21/94 


94 EHR 0315 


Gray 


06/01/94 



Cmven County Health Department 



Cox Transport Equipment, Harvey A Cox v. County of Craven, EHNR 
Environmental Health 



94 EHR 0487 



West 



11/01/94 



Jane C. CMalley, Melvin L. Cartwright v. EHNR & District Hlth Dept 

I^quotank-F^rquimans-Camden-Chowan 
Henry Lee Bulluek v. Nash County Health Department & EHNR 
Environment, Health, & Natuia] Res. v. Clark Harris & Jessie Lee Harris 
Riehanl E Ebeisold v. Jackson County Health Department & EHNR 
Crab Shack Restaurant v. EHNR. Div. of Environmental Health 
Sidn^ S. Tate Jr v. Dept. of Environment, Health, & Natural Resources 
George A Waugh, Shirley A. Waugh v. Carteret Cty Health & Env. Hlth 
Scotland Water Co., Laurin Lakes v. Environment, Health, & Nat. Res. 
H.A. Lentz v. Department of Environment, Health, & Natural Resources 
Flcyd Benn Williams v. Dept. of Environment, Health, & Nat. Res. 
Robert Leon Snipes v. Environmental Health, Hillsborough NC 
Ralston Pound, Jr. & Deanie S. Ftound v. Carteret Cty. Env. Health Dept. 
James E. Tayloz, Maijorie M. Taylor v. Environmental Health Division 



91 EHR 0838 


Becton 


04/06/94 


93 EHR 0348 


Morgan 


07/22/94 


93 EHR 0924 


Becton 


03/03/94 


93 EHR 1391 


Chess 


06/24/94 


93 EHR 1609 


Gray 


12/27/94 


94 EHR 0005 


Reilly 


05/24/94 


94 EHR 0128 


Chess 


07/13/94 


94 EHR 0200 


Nesnow 


04/27/94 


94 EHR 0235 


Nesnow 


07/19/94 


94 EHR 0333 


Reilly 


05/18/94 


94 EHR 0529 


Morrison 


01/04/95 


94 EHR 1003 


Reilly 


12/07/94 


94 EHR 1071 


Reilly 


02/15/95 



Consolidated Cases. 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2039 



CONTESTED CASE DECISIONS 



AGENCY 



Environmental Management 

David Springer v. Dept. of Environment, Health, & Natural Resources 
Petroleum Installation Equipment Co., Inc. v. Env. , Health & Nat. Res. 
Raleigh -Durham Airport Authority v. EHNR, Div of Env. Management 
Howell's Child Care Center, Inc. v. EHNR, Div of Environmental Mgmt. 
Spring Vall^ Meals, Inc. v. Environment, Health, & Natural Resources 
Jack Griffin v. Dept. of Environment, Health, and Natural Resources 
Wooten Oil Company v. EHNR, Div of Environmental Management 
John G. Owens &. J.B.S. Mechanical Svcs, Inc. v. EHNR, Env. Mgmt. 
Raleigh-Durham Airport Authority v. EHNR, Div of Env. Man^ement 
General Electric Co., Inc. v. EHNR, Env. Mgmt. Comm. & City/Mebane 

Land Resources 

Wallace B. Clayton, Dr. Marahall Redding v. Div. of Land Resources 
Town of KemeiBville (LQS 93-053) v. Environment, Health. & Nat. Res. 
Royce Perry, I^ul Perry v. Dept. of Environment, Health, & Natural Res. 

Marine Fisheries 

Robert I. Swinson, Virginia S. Swinson v. EHNR, Div/Marine Fisheries 

Lan7 J. Batson v. Division of Marine Fisheries 

David W. Oglesty v. Division of Marine Fisheries 

David E. Oglesty v. Division of Marine Fisheries 

James Goodman v. EHNR, Division of Marine Fisheries 

Billy Ervin Burton v. Division of Marine Fisheries 

Maternal and Child Health 

WIC Section 

Anthony Awueah v. EHNR, Div. Maternal & Child Health, WIC Section 
Orange Finer Food v. Environment, Health, and Natural Resources 
Salah Helu v. Environment, Health, and Natural Resources 



CASE 

NUMBER 



ALJ 



DATE OF 

DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



92 EHR 1797 


Morgan 


05/19/94 


93 EHR 0531 


Chess 


03/21/94 


93 EHR 0684*" 


West 


01/31/95 


93 EHR 0955 


West 


11/02/94 


93 EHR 0974 


West 


11/03/94 


93 EHR 1030 


Bee ton 


03/21/94 


94 EHR 0001 


West 


09/30/94 


94 EHR 0024 


Mann 


09/07/94 


94 EHR 0612*" 


West 


01/31/95 


94 EHR 1031 


Reilly 


11/30/94 



93 EHR 1407 


Morgan 


08/09/94 


93 EHR 1781 


Chess 


06/29/94 


94 EHR 0525 


Gray 


07/01/94 



94 EHR 0718 
94 EHR 0965 
94 EHR 0976 



Fender County Health Department 

Milton Rudd v. Pender County Health Department 94 EHR 0874 

Rockingham County Department of Public Health 

David Martin Shelton v. Rockingham Dept. of Public Health and EHNR 94 EHR 1316 

SoHd Waste Management 

Roger Sessoms v. EHNR/ Asbestos Hazard Management Brmich 93 EHR 095 1 

Bertie Citizens Action Coalition, Inc.; Willard J. Oliver, Reginald Early 93 EHR 1045 

Herbert Jenkins, Jr. Lindw>od Earl Tripp, Willie Warren Tripp, Mary 
Alice Cherry, and Kathy Burden v. EHNR, Solid Waste Management 
Division, and East Carolina Environmental, Inc., Addington Environmental, 
Inc., et al. 
Bobty Benton v. EHNR & Division of Solid Waste 94 EHR 0442 

HUMAN RESOURCES 



Chess 09/23/94 

Reilly 12/19/94 

Reilly 12/20/94 



Chess 01/26/95 



West 02/09/95 



Gray 03/28/94 

Morrison 04/06/94 



Gray 08/22/94 



9:19 NCR 1595 



9:8 NCR 



581 



93 EHR 0394 


Gray 


04/11/94 






93 EHR 0857 


Morgan 


07/22/94 






93 EHR 0930^^ 


West 


07/25/94 


9:10 NCR 


758 


93 EHR 093 1<* 


West 


07/25/94 


9:10 NCR 


758 


94 EHR 0035 


Nesncrw 


07/18/94 


9:9 NCR 


660 


94 EHR 0504 


Nesnow 


09/01/94 







9:3 NCR 214 



Timothy Creed v. Montgomery Cty Dept. of Social Svcs. 

Jerome Triplin v. Department of Human Resources 

Helen J. Walls, Walls Young World v. Department of Human Resources 

Brcnda C. Robinson v. Department of Human Resources 

Betty King v. Department of Human Resources 

Betty Rhodes v. Department of Human Resources 

Mr & Mrs. Richard Bullen v. Department of Human Resources 

Bormic Birchfield v. Mecklenburg D.S.S. Youth & Family Svcs. 

Distribution Child Support 



Mona L. Slanback v. DHR, Div/Social Sw;s, Child Support Enf. Section 93 DCS 0969 Morgan 



94 CSE 1007 


Chess 


01/24/95 


93 DHR 0108 


Reilly 


08/19/94 


93 DHR 0965 


Morgan 


08/11/94 


94 DHR 0365 


West 


06/01/94 


94 DHR 0439 


Chess 


12/15/94 


94 DHR 0501 


Morrison 


06/02/94 


94 DHR 0811 


Bee ton 


11/14/94 


94 DHR 1559 


Gray 


01/24/95 



08/02/94 



2040 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Jachell D. Paricer v. Department of Human Resources 93 DCS 0371 

Earleen G. Tinsley v. D^artment of Human Resources 94 DCS 065 1 

Division of Child Development 



Judith Fridley v. Div. of Child Development/Ab use/Neglect Unit 

DHR, Division of Child Development v. Joyce Gale 

Laurcen Holt, IDy;^6- 0-0003 7 v. DHR, Div. of Child Development 

Gloria C. Haith v. Department of Human Resources 

Gloria C. Haith v. Daycare Consultant 

Charles E. Smith v. Department of Human Resources 

Scotfs Loving D^ Care & Nursery, Mre. Willie L. Scott v. DHR 

Belinda K. Mitchell v. Human Resources, Div. of Child Development 

Living Woid Day Care, Jonathan Lankford v. Dept. of Human Resources 

David G. Whitted, Prcs., Toddleis Academy, Inc. v. Div of Child Dev. 

Miriam C. Kircher v. Human Resources, Div. of Child Development 

Mary T. Hill v. Human Resources, Division of Child Development 

Facility Services 

Laura Harv^ Williams v. DHR, Division of Facility Services 

Preshyterian-Orthopaedic Hospital v. Department of Human Resources 

Judy Hoben Wallace v. Department of Human Resources 

Lowell Stafford v. Department of Human Resources 

Willie J. McCombs v. Human Resources, Div. of facility Services 

Mr. & Mrs. AJvin Wilson v. DHR, Division of Facility Services 

Steve Alan Russell v. DHR, Div. of Facility Svcs, Emergency Med. Svcs 

Bettie Graham v. Youth and Family Services, Charlotte, N.C. 

Certificate of Need Section 



Charles E. Hunter, Jr., M.D. & Coastal Perfusion Svcs, Inc. v. 

Department of Human Resources, and Wilmington Perfusion 

Corp. and Howard F. Maris, Jr., M.D. 
Cape Fear Memorial Hospital v. Department of Human Resources 
Angel Community Hospital, Inc. v. DHR, Div. of Facility Svcs., Cert./ 

Need Section, and Brittha'en, Inc., d/b/a Brittha'en of Franklin 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

and 
Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

aivd 
Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 
ABC Home Health Services, Inc. v. Human Resources, Div. of Facility 

Services, Certificate of Need Section v. Mecklenburg Home Health, Inc., 

d/b/a Home Health Professionals of Guilford 
Professional Nursing Services, Inc. and Betty Wallace v. Certificate of 

Need Section, Div. of Facility Services, Human Resources 
and 

Duplin Home Care & Hospice, Inc.; Hometown Hospice, Inc.; Craven County 

Health Dept. Home Health-Hospice Agency; Hospice of F^mlico County, 

Inc.; Hospice of Carteret County; and Comprehensive Home Health Care I. Inc 

Licensure Section 



Morgan 
Nesnow 



07/14/94 
09/15/94 



93 DHR 0973 


Morrison 


03/08/94 


93 DHR 1344 


Gray 


04/28/94 


93 DHR 1549 


Bee ton 


07/13/94 


93 DHR 1707 


Nesnow 


03/22/94 


93 DHR 1787 


Nesnow 


03/14/94 


93 DHR 1797 


Nesnow 


03/21/94 


94 DHR 0106 


Nesnow 


06/29/94 


94 DHR 0119 


Reilly 


06/30/94 


94 DHR 0168 


Nesnow 


03/23/94 


94 DHR 0453 


Mann 


09/23/94 


94 DHR 0615 


Morrison 


11/17/94 


94 DHR 0944 


Chess 


11/16/94 



93 DHR 0391 


Morgan 


08/11/94 


93 DHR 0805 


Reilly 


03/11/94 


93 DHR 0935 


Gray 


05/23/94 


93 DHR 1381 


Gray 


04/15/94 


94 DHR 0430 


Gray 


09/29/94 


94 DHR 0559 


Chess 


08/25/94 


94 DHR 0830 


Gray 


11/28/94 


94 DHR 1527 


Gray 


01/04/95 



93 DHR 0746 


Morgan 


04/11/94 


93 DHR 1552 


Reilly 


08/15/94 


94 DHR 0146 


West 


10/21/94 


94 DHR 0197** 


Morgan 


08/11/94 


94 DHR 0198*' 


Morgan 


08/11/94 


94 DHR 0254 


Morrison 


11/17/94 


94 DHR 0609 


West 


11/21/94 



Gary C. Griggs v. DHR, Div of Facility Services, Licensure Section 
Rosemary Dupe Buckner Eregie v. DHR, Div of Facility Svcs., Lie. Sec. 

Division of Medical Assistance 

J.R., by and through her agent & Personal Rep., Hank Neal v. DHR 
N.R. by & through her agt & pereonal rep E.C.J, v. DHR, Medical Assis. 
David Yott v. Department of Human Resources 

Iredell Memorial Hospital, Inc. v. DHR, Division of Medical Assistance 
Sampson County Memorial Hospital v. DHR, Div of Medical Assistance 
Division of Medical Assistance v. Catawba Cty Dept. of Social Services 
Lu Ann Lcidy, MD/Dorothea Dix Hosp. Child & Youth v. Medical Assis. 



94 DHR 0517 
94 DHR 0582 



Chess 
Morrison 



12/01/94 
02/06/95 



93 DHR 0528 


Gray 


04/27/94 


93 DHR 0538 


Chess 


07/01/94 


93 DHR 1113 


Gray 


04/05/94 


93 DHR 1248 


Chess 


01/09/95 


93 DHR 1760 


West 


09/07/94 


93 DHR 1778 


West 


03/04/94 


94 DHR 0448 


Chess 


06/21/94 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2041 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Division of Social Services 

Evelyn Moore v. Department of Human Resources 

Nathaniel Harrell, Annie Harrell v. Department of Social Services 

Betly Snipes v. Person County Department of Social Services 

Robert and Carolyn McLean v. Guilford County Dept. of Social Services 

Child Support Enforcement Section 

Alfred Bennett v. Department of Human Resources 

Shelton Staples v. Department of Human Resources 

Helen Lee Harvell Jones v. Department of Human Resources 

Dalton Felton Sr. v. Department of Human Resources 

Colby S. Hughes v. Department of Human Resources 

Gary Eugene Honeycutt v. Department of Human Resources 

Vickj C. Conn v. Department of Human Resources 

John R. Lossiah v. Department of Human Resources 

Melvin L. Miller Sr. v. Department of Human Resourc:es 

Robert L. Hicks v. Department of Human Resources 

Thomas Sadler v. Department of Human Resources 

Nancy Richaidson v. Department of Human Resources 

Frederick C. Burdick Jr. v. Department of Human Resources 

Darryl D. Leedy v. Department of Human Resources 

David M. Fogleman Jr. v. Department of Human Resources 

William Heckstall v. Department of Human Resources 

Luther Hatcher v. Department of Human Resources 

Bryan JeflFrey Cole v. Department of Human Resources 

Anthony E. Bullaid v. Department of Human Resources 

Donald E. Height v. Department of Human Resources 

Dexter L. Chambers v. Department of Human Resources 

Ronald E. Johnson v. Department of Human Resources 

Roger Moore v. Department of Human Resources 

Alvin Lee Martin v. Department of Human Resources 

James J. Mallcy v. Department of Human Resources 

Robert Young v. Department of Human Resources 

Henry M. Dillard v. Department of Human Resources 

Vernon Bynd v. Department of Human Resources 

Sherman E. Ames v. Department of Human Resources 

Antonio Townsend v. Department of Human Resources 

Keith M. Gray v. Department of Human Resources 

Trey E. Pinknty v. Department of Human Resources 

Anthor^ A. Macon v. Department of Human Resources 

Walter Lee Corbett v. Department of Human Resources 

Joseph E. Kemstine v. Department of Human Resources 

Alvin M. Davis v. Department of Human Resources 

TTiomas M. Birdwell III v. Department of Human Resources 

Joe Louis Mayo v. Department of Human Resources 

Bobfcy Lewis Smith v. Department of Human Resources 

Lawrence D. Dean v. Department of Human Resources 

Louis C. Cade v. Department of Human Resources 

Richard J. Swarm v. Department of Human Resources 

Nash Andrew Newsome v. Department of Human Resources 

James E. Watson v. Department of Human Resources 

Robert Lee Barrett v. Department of Human Resources 

Anthoip/ Raynor Sr v. Department of Human Resources 

Betty A. Williams, Fred E. Jones v. Department of Human Resources 

Quinton Brickhouse v. Department of Human Resources 

Jeff A. Taylor v. Department of Human Resources 

Eric G Sykes v. Department of Human Resources 

John Hagins v. Department of Human Resources 

Tcrrence D Timmons v. Department of Human Resources 

Howard Vernon Adams v. Department of Human Resources 

Ray A. Johnstone v. Department of Human Resources 

Morris Ray Bethel v. Department of Human Resources 

William James Freeman v. Department of Human Resources 

Willie C. Hollis v. Department of Human Resources 

Edward Boggan v. Department of Human Resources 

Raymond Junior Cagle v. Department of Human Resources 



94 DHR 0293 
94 DHR 0440 
94 DHR 1061 
94 DHR 1294 



Reilly 04/15/94 

Gray 06/27/94 

Gray 12/16/94 

Beclon 02/08/95 



90CSE 1146 


Morgan 


08/11/94 


91 CSE0660 


Morgan 


08/11/94 


91 CSE 1183 


Morgan 


08/11/94 


92 CSE 0532 


Morgan 


07/13/94 


92 CSE 1199 


Morgan 


08/10/94 


92 CSE 1207 


Morgan 


08/10/94 


92 CSE 1268 


Morgan 


08/10/94 


92 CSE 1345 


Mann 


10/13/94 


92 CSE 1372 


Morgan 


08/10/94 


92 CSE 1591 


Morgan 


08/10/94 


92 CSE 1739 


Bee ton 


10/18/94 


93 CSE 0180 


Chess 


11/22/94 


93 CSE 0227 


Mann 


11/09/94 


93 CSE 0591 


Morgan 


08/11/94 


93 CSE 1074 


Mann 


10/10/94 


93 CSE 1077 


Reilly 


03/14/94 


93 CSE 1082 


Mann 


05/24/94 


93 CSE 1091 


Becton 


03/30/94 


93 CSE 1094 


Nesnow 


06/13/94 


93 CSE 1110 


Morgan 


08/11/94 


93 CSE 1124 


West 


03/28/94 


93 CSE 1125 


Becton 


03/30/94 


93 CSE 1127 


Bee ton 


04/14/94 


93 CSE 1128 


Nesnow 


04/04/94 


93 CSE 1132 


Gray 


10/03/94 


93 CSE 1133 


Reilly 


04/18/94 


93 CSE 1135 


Nesnow 


06/13/94 


93 CSE 1136 


Becton 


08/22/94 


93 CSE 1137 


Chess 


11/09/94 


93 CSE 1139 


Becton 


03/30/94 


93 CSE 1140 


Nesnow 


06/28/94 


93 CSE 1148 


Mann 


03/29/94 


93 CSE 1149 


Gray 


04/26/94 


93 CSE 1150 


Reilly 


03/30/94 


93 CSE 1151 


Morgan 


07/15/94 


93 CSE 1152 


Morgan 


08/04/94 


93 CSE 1155 


Morgan 


08/02/94 


93 CSE 1161 


West 


04/19/94 


93 CSE 1162 


Nesnow 


06/16/94 


93 CSE 1165 


Gray 


10/27/94 


93 CSE 1166 


Momson 


06/16/94 


93 CSE 1167 


Reilly 


06/17/94 


93 CSE 1170 


Mann 


03/17/94 


93 CSE 1171 


Gray 


04/26/94 


93 CSE 1172 


Morrison 


04/20/94 


93 CSE 1173 


Morrison 


10/27/94 


93 CSE 1178 


Nesnow 


04/20/94 


93 CSE 1179 


Gray 


01/05/95 


93 CSE 1180 


Morgan 


07/15/94 


93 CSE 1181 


Becton 


04/20/94 


93 CSE 1182 


Maun 


11/14/94 


93 CSE 1183 


Becton 


10/11/94 


93 CSE 1184 


Chess 


12/27/94 


93 CSE 1186 


Morrison 


10/03/94 


93 CSE 1188 


West 


07/11/94 


93 CSE 1190 


Mann 


01/17/95 


93 CSE 1191 


Becton 


05/09/94 


93 CSE 1192 


Chess 


09/01/94 


93 CSE 1194 


Morrison 


10/03/94 



2042 



NORTH CAROLINA REGISTER 



March I, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



Ernest N. Pniitl Jr. v. Department of Human Resources 
Michael P. McC^ v. Department of Human Resources 
Robert Matthew Rossi v. Department of Human Resources 
Beraadett Cook v. Department of Human Resources 
Rawan Weigel v. Department of Human Resources 
Lem Peison v. Department of Human Resources 
Bobty hce McCulleiB Jr. v. Department of Human Resources 
Randall R. Rhodes v. Department of Human Resources 
Glen Nelson Washington v. Department of Human Resources 
Michael V. Dockery v. Department of Human Resources 
Robert Corley Jr. v. Department of Human Resources 
FIcyd E. Bail^ v. Department of Human Resources 
Dennis W. Nolan v. Department of Human Resources 
Robert Calvin Connor v. Department of Human Resources 
James D. Williams v. Department of Human Resources 
Mahalon Eugene White v. Department of Human Resources 
Marty Franzen v. Department of Human Resources 
\^ughn D. Pearsall v. Department of Human Resources 
Gerald L. Murrell v. Depart-ment of Human Resources 
Larry D. Dawson v. Department of Human Resources 
McDaniel Teeter Jr. v. Department of Human Resources 
King D. Graham v. Department of Human Resources 
Brian C. Carelock v. Department of Human Resources 
Bradford C. Lewis v. Department of Human Resources 
Derek Watson v. Department of Human Resources 
Luther Borden v. Department of Human Resources 
Walter B. Lester v. Department of Human Resources 
Wilbcrt E. Anderson v. Department of Human Resources 
David H. Johnson v. Department of Human Resources 
William Earl Arringlon v. Department of Human Resources 
William K. Whisenant v. Department of Human Resources 
Curtis C. Osborne v. Department of Human Resources 
Stanley J. Forsack v. Department of Human Resources 
Larry Cornelius Smith v. Department of Human Resources 
Robert C. Lee Jr. v. Department of Human Resources 
Sidn^ Ray TUggle Jr. v. Department of Human Resources 
Michael A. Amos v. Department of Human Resources 
Reginald Eugene Hill v. Department of Human Resources 
Timmy C. Harvell v. Department of Human Resources 
John Ednaid TannehiU v. Department of Human Resources 
Benjamin McCormick v. Department of Human Resources 
Steven Connet v. Department of Human Resources 
Gregory N. Winlcy v. Department of Human Resources 
Ronald Brown v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Ronald Fred Metzger v. Department of Human Resources 
James L. Phillips v. Department of Human Resources 
John D. Bryant v. Department of Human Resources 
George Aaron Collins v. Department of Human Resources 
Ricky Glenn Mabe v. Department of Human Resources 
Samuel L. Dodd v. Department of Human Resources 
James W. Smith v. Department of Human Resources 
William A. Selleis v. Department of Human Resources 
Jerry Mclver v. Department of Human Resources 
Johniiy B. Little v. Department of Human Resources 
Kenneth W, Cooper v. Department of Human Resources 
Nathan D. Winston v. Department of Human Resources 
Bobby Charles Coleman v. Department of Human Resources 
Anthony Curry v. Department of Human Resources 
Laura J. Klipp v. Department of Human Resources 
Charles W. Norwood Jr. v. Department of Human Resources 
David L. Terry v. Department of Human Resources 
Audwin Lindsf^ v. Department of Human Resources 
Steven A. Elmquislv. Department of Human Resources 
Kelvin Dean Jackson v. Department of Human Resources 
Jerry R. Gibson v. Department of Human Resources 
Melvin Lewis Griffin v. Department of Human Resources 
Dennis E. Fountain Jr. v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AU 


DECISION REGISTER CITATION 


93 CSE 1197 


Nesnow 


06/28/94 


93CSE 1198 


Morgan 


08/02/94 


93 CSE 1199 


Bee ton 


08/22/94 


93 CSE 1202 


Gray 


04/27/94 


93 CSE 1212 


Gray 


08/26/94 


93 CSE 1214 


Morrison 


06/16/94 


93 CSE 1215 


Reilly 


06/17/94 


93 CSE 1219 


Nesnow 


06/16/94 


93 CSE 1221 


Morgan 


08/02/94 


93 CSE 1222 


Moi^an 


07/15/94 


93 CSE 1225 


Chess 


10/05/94 


93 CSE 1227 


Mann 


07/07/94 


93 CSE 1254 


Morrison 


04/27/94 


93 CSE 1258 


West 


04/19/94 


93 CSE 1259 


West 


04/19/94 


93 CSE 1261 


Nesnow 


08/22/94 


93 CSE 1264 


Morgan 


07/15/94 


93 CSE 1267 


Becton 


04/20/94 


93 CSE 1271 


Gray 


08/26/94 


93 CSE 1273 


Morrison 


07/07/94 


93 CSE 1274 


Morrison 


06/30/94 


93 CSE 1275 


Becton 


05/18/94 


93 CSE 1276 


Mann 


10/13/94 


93 CSE 1278 


Mann 


10/13/94 


93 CSE 1283 


Reilly 


06/30/94 


93 CSE 1284 


West 


06/23/94 


93 CSE 1287 


Nesnow 


06/28/94 


93 CSE 1288 


Nesnow 


10/12/94 


93 CSE 1289 


Mann 


10/14/94 


93 CSE 1290 


Mann 


10/14/94 


93 CSE 1291 


Becton 


08/22/94 


93 CSE 1299 


Gray 


09/19/94 


93 CSE 1301 


Morrison 


08/23/94 


93 CSE 1302 


Morrison 


06/30/94 


93 CSE 1303 


Reilly 


06/30/94 


93 CSE 1307 


West 


04/25/94 


93 CSE 1308 


West 


07/15/94 


93 CSE 1309 


West 


10/06/94 


93 CSE 1310 


Nesnow 


10/27/94 


93 CSE 1312 


Nesnow 


10/03/94 


93 CSE 1313 


Morgan 


08/02/94 


93 CSE 1315 


Mann 


10/14/94 


93 CSE 1316 


Becton 


06/14/94 


93 CSE 1318 


Becton 


06/29/94 


93 CSE 1320 


Chess 


11/08/94 


93 CSE 1323 


Mann 


09/26/94 


93 CSE 1326 


Reilly 


06/17/94 


93 CSE 1327 


Reilly 


10/27/94 


93 CSE 1331 


West 


04/25/94 


93 CSE 1356 


Mann 


09/26/94 


93 CSE 1357 


Gray 


03/31/94 


93 CSE 1358 


Gray 


08/26/94 


93 CSE 1359 


Morrison 


04/20/94 


93 CSE 1362 


Reilly 


06/30/94 


93 CSE 1363 


West 


06/23/94 


93 CSE 1364 


West 


04/27/94 


93 CSE 1365 


Nesnow 


07/07/94 


93 CSE 1368 


Morgan 


08/02/94 


93 CSE 1371 


Chess 


08/18/94 


93 CSE 1383 


Chess 


01/12/95 


93 CSE 1385 


West 


06/13/94 


93 CSE 1386 


Mann 


05/18/94 


93 CSE 1390 


Morrison 


07/15/94 


93 CSE 1392 


Reilly 


04/29/94 


93 CSE 1394 


West 


06/13/94 


93 CSE 1411 


Nesnow 


08/24/94 


93 CSE 1412 


Morgan 


08/02/94 


93 CSE 1414 


Chess 


05/13/94 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2043 



CONTESTED CASE DECISIONS 



AGENCY 



Mark E. Rogers v. Department of Human Resources 
Daniel J. McDowell v. Department of Human Resources 
Edna VonCannon v. Department of Human Resources 
Darron J. Roberts v. Department of Human Resources 
Ephrom Sparkman Jr. v. Department of Human Resources 
Alton W. Ivey v. Department of Human Resources 
Teiry James Carolhers v. Department of Human Resources 
Terrance Freeman v. Department of Human Resources 
Thomas A. Ayers v. Department of Human Resources 
Daniel TTiomas Hefele v. Department of Human Resources 
Gilbert J. Gutienez v. Department of Human Resources 
Alton D. Johnson v. Department of Human Resources 
Darryl C. Thompson v. Department of Human Resources 
Jeffery E. Holl^ v. Department of Human Resources 
Chester Sanders v. Department of Human Resources 
Rodn^ Guyton v. Department of Human Resources 
Nelson Bennett v. Department of Human Resources 
Donald W. Clark v. Department of Human Resources 
William E. David Jr v. Department of Human Resources 
Arthur Lee Carter v. Department of Human Resources 
Frank ReiflF v. Department of Human Resources 
Milbum Ray Burton v. Department of Human Resources 
John J. Gabriel v. Department of Human Resources 
Robert Hayes v. Department of Human Resources 
Donald Ray Copeland v. Department of Human Resources 
Clark Anthor^ Bryant v. Department of Human Resources 
Timothy D. E\'ans v. Department of Human Resources 
Billy EdwanJ Smith v. Department of Human Resources 
Allen D. Terrell v. Department of Human Resources 
Ray C. Moses v. Department of Human Resources 
Mickey Bridgetl v. Department of Human Resources 
Steven W. Tallent v. Department of Human Resources 
Stephen L. Brown v. Department of Human Resources 
David Beduhn v. Department of Human Resources 
Bart Ransom v. Department of Human Resources 
William H. Simpson Sr. v. Department of Human Resources 
Clarence J. Gatlir^ Jr. v. Department of Human Resources 
James D. McClure Jr. v. Department of Human Resources 
Timothy E. Stotlar v. Department of Human Resources 
Christopher Ivan Smith v. Department of Human Resources 
Douglas L. Cherrix v. Department of Human Resources 
Billy L- Sneed v. Department of Human Resources 
Dwayne Lamont Thompson v. Department of Human Resources 
Michael Edwin Smith v. Department of Human Resources 
Horace Lee Bass v. Department of Human Resources 
Michael Wilder v. Department of Human Resources 
William Howard Wright v. Department of Human Resources 
James A. Cephas v. Department of Human Resourc'es 
Edward E. Fiirr v. Department of Human Resources 
James Hunsal^r v. Department of Human Resources 
James W. Ragsdale v. Department of Human Resources 
Charles Henderson v. Department of Human Resources 
Mark E. Campbell v. Department of Human Resources 
Vernon Lamonl Weaver v. Department of Human Resources 
Jesse B. McAfee v. Department of Human Resources 
William Ellis v. Department of Human Resources 
Henry A. Harriel Jr v. Department of Human Resources 
John H. Fortner Jr. v. Department of Human Resources 
Mike Johnson v. Department of Human Resources 
Carl E. Crump v. Department of Human Resources 
Herman F. Jacobs Jr v. Department of Human Resources 
Bairiet Easterling v. Department of Human Resources 
Dorsey L. Johnson v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Billy Dale Bean^ v. Department of Human Resources 
Gregory Harrcll v. Department of Human Resources 
James E. Wiggins Sr v. Department of Human Resources 
Toriy A. Draughon v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1415 


Mann 


05/03/94 


93 CSE 1416 


Gray 


09/19/94 


93 CSE 1417 


Morrison 


06/14/94 


93 CSE 1419 


West 


08/23/94 


93 CSE 1422 


Morgan 


08/04/94 


93 CSE 1426 


Mann 


11/18/94 


93 CSE 1428 


Gray 


10/26/94 


93 CSE 1430 


Gray 


12/14/94 


93 CSE 1431 


Morrison 


06/30/94 


93 CSE 1432 


Morrison 


04/28/94 


93 CSE 1433 


Morrison 


05/13/94 


93 CSE 1434 


ReiUy 


04/29/94 


93 CSE 1435 


Reilly 


06/30/94 


93 CSE 1436 


Reilly 


08/23/94 


93 CSE 1437 


West 


04/19/94 


93 CSE 1439 


West 


04/21/94 


93 CSE 1440 


Nesnow 


08/31/94 


93 CSE 1441 


Nesnow 


05/13/94 


93 CSE 1442 


Nesnow 


05/02/94 


93 CSE 1445 


Morgan 


08/10/94 


93 CSE 1448 


Becton 


08/22/94 


93 CSE 1449 


Chess 


11/29/94 


93 CSE 1452 


Chess 


05/16/94 


93 CSE 1453 


Mann 


07/07/94 


93 CSE 1454 


Mann 


10/10/94 


93 CSE 1455 


Gray 


06/30/94 


93 CSE 1460 


Reilly 


04/28/94 


93 CSE 1461 


West 


04/19/94 


93 CSE 1463 


Nesnow 


05/02/94 


93 CSE 1464 


Nesnow 


04/28/94 


93 CSE 1468 


Becton 


05/24/94 


93 CSE 1469 


Chess 


01/05/95 


93 CSE 1470 


Chess 


09/27/94 


93 CSE 1494 


Gray 


08/30/94 


93 CSE 1495 


Morrison 


04/29/94 


93 CSE 1497 


West 


04/19/94 


93 CSE 1499 


Moi^an 


08/02/94 


93 CSE 1500 


Becton 


05/13/94 


93 CSE 1504 


Mann 


11/18/94 


93 CSE 1510 


Gray 


07/07/94 


93 CSE 1512 


Gray 


05/13/94 


93 CSE 1514 


Gray 


12/14/94 


93 CSE 1515 


Moirison 


04/21/94 


93 CSE 1517 


Morrison 


08/26/94 


93 CSE 1520 


Morrison 


05/13/94 


93 CSE 1521 


Reilly 


04/28/94 


93 CSE 1522 


Reilly 


08/26/94 


93 CSE 1523 


Reilly 


05/13/94 


93 CSE 1524 


Reilly 


06/17/94 


93 CSE 1526 


Chess 


11/08/94 


93 CSE 1528 


Reilly 


10/12/94 


93 CSE 1532 


West 


01/31/95 


93 CSE 1537 


Nesnow 


05/19/94 


93 CSE 1538 


Nesnow 


09/23/94 


93 CSE 1539 


Nesnow 


09/26/94 


93 CSE 1540 


Morgan 


08/02/94 


93 CSE 1541 


Morgan 


08/04/94 


93 CSE 1542 


Morgan 


08/02/94 


93 CSE 1544 


Morgan 


08/04/94 


93 CSE 1545 


Becton 


09/23/94 


93 CSE 1557 


Chess 


09/27/94 


93 CSE 1560 


Mann 


05/18/94 


93 CSE 1565 


Gray 


09/19/94 


93 CSE 1568 


Morrison 


04/28/94 


93 CSE 1569 


Motrison 


05/13/94 


93 CSE 1570 


Morrison 


08/26/94 


93 CSE 1571 


Morrison 


05/13/94 


93 CSE 1572 


Reilly 


07/07/94 



2044 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



Gregory L. Rimmer v. Department of Human Resources 
Ruben Jonathan BostiUo v. Department of Human Resources 
Timothy J. Jones v. Department of Human Resources 
Randall E. Hunter v. Department of Human Resources 
Cyrus R. Luallen v. Department of Human Resources 
Willie Hawkins v. Department of Human Resources 
B.A. Sellen v. Department of Human Resources 
John P. V^das v. Department of Human Resources 
Gary T. Hudson v. Department of Human Resources 
Alton E. Simpson Jr. v. Department of Human Resources 
Johnny T. Usher v. Department of Human Resources 
Tim H. Maxwell v. Department of Human Resources 
Charles Darrell Matthews v. Department of Human Resources 
John William Vance Jr. v. Department of Human Resources 
Bobly R. Sandem v. Department of Human Resources 
Michael S. Rhynes v. Department of Human Resources 
Gerry Bemaid Whitfield v. Department of Human Resources 
Denisc L. Smith v. Department of Human Resources 
Brian Gilmore v. Department of Human Resources 
Jesse Jeremy Bullock v. Department of Human Resources 
Jeffrey Alston v. Department of Human Resources 
Ronald E. Loweke v. Department of Human Resources 
Robert D. I^ri:er v. Department of Human Resources 
Charles F. McKirahan Jr. v. Department of Human Resources 
Bennie E. Hicks v. Department of Human Resources 
Herbert Council v. Department of Human Resources 
Richard Rachel v. Department of Human Resources 
Alan V. Teubert v. Department of Human Resources 
Henry L. Ward Jr. v. Department of Human Resources 
June V. Pettus v. Department of Human Resources 
Benjamin J. Stroud v. Department of Human Resources 
Charles Leonaid Fletcher v. Department of Human Resources 
Arthur Glen Long v. Department of Human Resources 
Tony A. Miles v. Department of Human Resources 
Dwayne L. Allen v. Department of Human Resources 
Earl Newkirk Jr. v. Department of Human Resources 
Reginald Rorie v. Department of Human Resources 
James Ed^vard Penley v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Vernon Bullock v. Department of Human Resources 
Nathaniel L. Hayes v. Department of Human Resources 
Jessie Liles v. Department of Human Resources 
Raymond Scott Eaton v. Department of Human Resources 
Karen M. Stogner v. Department of Human Resources 
Nelson Fowler Jr. v. Department of Human Resources 
Royston D. Blandford III v. Department of Human Resources 
Kenneth B. Taylor v. Department of Human Resources 
Jeffrey S. Andereon v. Department of Human Resources 
Ronald Erwin Williams v. Department of Human Resources 
Michael L. Franks v. Department of Human Resources 
Donnie W Craghead v. Department of Human Resources 
Billy D. Gibson v. Department of Human Resources 
Ronald Garrett v. Department of Human Resources 
Ervin C. Harvey v. Department of Human Resources 
Wanda Jean Lee Daniels v. Department of Human Resources 
Charles E. Colston v. Department of Human Resources 
Daron Wayne Smith v. Department of Human Resources 
Maurice Franks v. Department of Human Resources 
John D. Melton v. Department of Human Resources 
Michael Lynn Jones v. Department of Human Resources 
Dennis Kearney v. Department of Human Resources 
Grayson Kelly Jones v. Department of Human Resources 
Larry Hayes v. Department of Human Resources 
Rjchaid Eugene Dunn v. Department of Human Resources 
Warren F. Welch v. Department of Human Resources 
Donas Lynn McDowell v. Department of Human Resources 
Timothy R. Abraham v. Department of Human Resources 
Haywood C. Davis v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1573 


Reilly 


09/23/94 


93 CSE 1574 


Reilly 


09/01/94 


93 CSE 1576 


West 


04/19/94 


93 CSE 1579 


West 


04/19/94 


93 CSE 1583 


Nesnow 


06/16/94 


93 CSE 1585 


Morgan 


08/02/94 


93 CSE 1586 


Morgan 


08/02/94 


93 CSE 1589 


Beclon 


11/08/94 


93 CSE 1590 


Becton 


09/23/94 


93 CSE 1591 


Becton 


04/20/94 


93 CSE 1592 


Chess 


05/19/94 


93 CSE 1594 


Chess 


06/30/94 


93 CSE 1596 


West 


06/13/94 


93 CSE 1597 


Becton 


05/13/94 


93 CSE 1598 


Nesnow 


07/25/94 


93 CSE 1599 


Nesnow 


06/30/94 


93 CSE 1601 


Gray 


10/14/94 


93 CSE 1603 


Chess 


08/18/94 


93 CSE 1615 


Chess 


05/13/94 


93 CSE 1632 


Morrison 


06/14/94 


93 CSE 1634 


Morrison 


09/28/94 


93 CSE 1635 


Reilly 


06/17/94 


93 CSE 1637 


Reilly 


06/29/94 


93 CSE 1640 


West 


06/14/94 


93 CSE 1641 


Nesnow 


07/25/94 


93 CSE 1643 


Nesnow 


07/25/94 


93 CSE 1644 


Morgan 


08/02/94 


93 CSE 1645 


Morgan 


08/10/94 


93 CSE 1646 


Morgan 


08/02/94 


93 CSE 1647 


Becton 


10/31/94 


93 CSE 1648 


Becton 


05/19/94 


93 CSE 1649 


Becton 


07/20/94 


93 CSE 1650 


Chess 


12/05/94 


93 CSE 1654 


Mann 


05/24/94 


93 CSE 1655 


Mann 


05/17/94 


93 CSE 1680 


Morrison 


08/26/94 


93 CSE 1683 


Gray 


10/14/94 


93 CSE 1714 


Mann 


09/26/94 


93 CSE 1715 


Gray 


05/23/94 


93 CSE 1743 


Nesnow 


07/07/94 


93 CSE 1749 


Nesnow 


11/09/94 


93 CSE 1757 


Morgan 


08/02/94 


93 CSE 1761 


Becton 


06/29/94 


93 CSE 1785 


Chess 


11/08/94 


94 CSE 0039 


Mann 


10/10/94 


94 CSE 0095 


West 


04/19/94 


94 CSE 0113 


Becton 


10/11/94 


94 CSE 0114 


Chess 


11/04/94 


94 CSE 0141 


Becton 


09/23/94 


94 CSE 0142 


Chess 


08/16/94 


94 CSE 0163 


Mann 


09/26/94 


94 CSE 0166 


Mann 


09/26/94 


94 CSE 0227 


Reilly 


08/22/94 


94 CSE 0247 


Becton 


08/22/94 


94 CSE 0266 


Morgan 


08/02/94 


94 CSE 0280 


Reilly 


08/30/94 


94 CSE 0300 


Gray 


06/27/94 


94 CSE 0310 


West 


10/27/94 


94 CSE 0324 


Nesnow 


07/25/94 


94 CSE 0402 


Morgan 


08/02/94 


94 CSE 0411 


Becton 


12/13/94 


94 CSE 0433 


West 


09/15/94 


94 CSE 0456 


Nesnow 


08/22/94 


94 CSE 0494 


West 


07/29/94 


94 CSE 0541 


Mann 


11/09/94 


94 CSE 0580 


Mann 


01/17/95 


94 CSE 0595 


Reilly 


10/12/94 


94 CSE 0596*'° 


Mann 


01/17/95 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2045 



CONTESTED CASE DECISIONS 



AGENCY 



Fred Tliompson Jr. v. Department of Human Resources 
Donell Howard v. Department of Human Resources 
Lee Johnson Tillman v. Department of Human Resources 
Haywood C. Davis v. Department of Human Resources 
Reginald Jordan v. Department of Human Resources 
Ernest F. Andrews v. Department of Human Resources 
Larry Ray v. Department of Human Resources 
Ricky Bynum v. Department of Human Resources 
Ernest H. Richardson v. Department of Human Resources 
Bart Williams v. Department of Human Resources 
Russell Pearson v. Department of Human Resources 
Richard D. Rhodes v. Department of Human Resources 
Jasper L. Smallw>od v. Department of Human Resources 
Edgar K. IXitch, Sr. v. Department of Human Resources 
Bryan Trevor Lyons v. Department of Human Resources 
Sean Eric Swain v. Department of Human Resources 
Carl Bernard Falls v. Department of Human Resources 
Timothy A. Ratley (Jeanes) v. Department of Human Resources 
Pervis Graham v. Department of Human Resources 
Russell M. Allen v. Department of Human Resources 
Tawanna Wheeler v. Department of Human Resources 
Dale S. Barton v. Department of Human Resources 
Louis J. Chamblee v. Department of Human Resources 
Malcom K. Teague v. Department of Human Resources 
Kirty M. Snider v. Department of Human Resources 
Anthor^ J. Ceraso v. Department of Human Resources 
Lanny R. Hamer v. Department of Human Resources 
Michael J. Paschall Sr. v. Department of Human Resources 
Larry Eugene Harbaugh v. Department of Human Resources 
Jerry McGlone v. Department of Human Resources 
Amos Sherman v. Department of Human Resources 
David A. Hill v. Department of Human Resources 
Todd W. Lane v. Department of Human Resources 
Donnie R. McKee v. Department of Human Resources 
Roland Reeves v. Department of Human Resources 
Manuel E. DeJesus, Jr. v. Department of Human Resources 
I^ul R. Grayson v. Department of Human Resources 
Givens Jackson v. Department of Human Resources 
Adolphus Lajng v. Department of Human Resources 
Willie B. Walker Jr. v. Department of Human Resources 
Curtis Smith Jr. v. Department of Human Resources 
Robert L. Rochelle v. Department of Human Resources 
Ronald Fred Metzger v. Department of Human Resources 
David C. Riddle v. Department of Human Resources 
Jerome Maddox, Jr. v. Department of Human Resources 
Tommy Woods v. Department of Human Resources 
James Sisk v. Department of Human Resources 
Barry Pfau v. Department of Human Resources 
R^naid C. Terry v. Department of Human Resources 
Reginald W. Taylor v. Department of Human Resources 
Gary G. Walker v. Department of Human Resources 
Elijah J. Vaughan v. Department of Human Resources 
Scott Barnard v. Department of Human Resources 
Edward B. Slamey v. Department of Human Resources 
Danie L. Baker v. Department of Human Resources 
Gerald L. Generetle v. Department of Human Resources 
Jane S. Stalcup v. Department of Human Resources 
Larry G. Gulhrie v. Department of Human Resources 
Christopher D. Scott v. Department of Human Resources 
Timothy Russom v. Department of Human Resources 
Lois M. Geibel v. Department of Human Resources 
Paul Horn, Jr. v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AL,J 


DECISION REGISTER CITATION 


94 CSE 0639 


Morrison 


08/31/94 


94 CSE 0672 


Reilly 


10/27/94 


94 CSE 0906 


West 


12/08/94 


94 CSE 0930*'° 


Mann 


01/17/95 


94 CSE 1078 


Nesnow 


02/02/95 


94 CSE 1079 


Chess 


12/29/94 


94 CSE 1090 


Reilly 


02/01/95 


94 CSE 1091 


West 


02/01/95 


94 CSE 1092 


Nesnow 


02/02/95 


94 CSE 1093 


Bee ton 


02/03/95 


94 CSE 1104 


Morrison 


01/06/95 


94 CSE 1107 


Nesnow 


01/09/95 


94 CSE 1110 


Gray 


01/06/95 


94 CSE 1129 


Gray 


01/06/95 


94 CSE 1136 


Mann 


01/26/95 


94 CSE 1139 


Reilly 


02/01/95 


94 CSE 1144 


Mann 


01/26/95 


94 CSE 1145 


Gray 


02/06/95 


94 CSE 1147 


Reilly 


02/01/95 


94 CSE 1152 


Mann 


01/26/95 


94 CSE 1159 


Chess 


02/07/95 


94 CSE 1163 


Reilly 


02/09/95 


94 CSE 1166 


Bee ton 


02/03/95 


94 CSE 1183 


Chess 


02/07/95 


94 CSE 1187 


Mann 


01/26/95 


94 CSE 1194 


Chess 


01/12/95 


94 CSE 1201 


Bee ton 


02/03/95 


94 CSE 1215 


Mann 


01/30/95 


94 CSE 1223 


Morrison 


01/06/95 


94 CSE 1226 


Reilly 


01/06/95 


94 CSE 1227 


West 


01/10/95 


94 CSE 1234 


Bee ton 


02/03/95 


94 CSE 1252 


Reilly 


02/01/95 


94 CSE 1265 


Nesnow 


01/09/95 


94 CSE 1268 


Nesnow 


01/09/95 


94 CSE 1271 


Nesnow 


02/02/95 


94 CSE 1278 


Bee ton 


02/03/95 


94 CSE 1282 


Chess 


01/05/95 


94 CSE 1299 


Mann 


01/26/95 


94 CSE 1306 


Gray 


02/06/95 


94 CSE 1337 


Nesnow 


02/02/95 


94 CSE 1349 


Gr^ 


02/09/95 


94 CSE 1353 


Reilly 


02/01/95 


94 CSE 1367 


Chess 


01/12/95 


94 CSE 1368 


Chess 


01/25/95 


94 CSE 1374 


Gray 


02/06/95 


94 CSE 1375 


Morrison 


01/06/95 


94 CSE 1390 


Bee ton 


02/03/95 


94 CSE 1411 


Gray 


01/06/95 


94 CSE 1418 


Morrison 


01/06/95 


94 CSE 1422 


Reilly 


02/01/95 


94 CSE 1428 


West 


02/01/95 


94 CSE 1443 


Chess 


02/07/95 


94 CSE 1448 


West 


01/10/95 


94 CSE 1453 


West 


01/10/95 


94 CSE 1469 


Mann 


01/26/95 


94 CSE 1483 


Reilly 


02/01/95 


94 CSE 1540 


Reilly 


01/06/95 


94 CSE 1574 


West 


02/09/95 


94 CSE 1575 


West 


01/10/95 


94 CSE 1581 


Reilly 


01/06/95 


94 CSE 1614 


Chess 


02/07/95 



JUSTICE 



Alarm Systems Licensing Board 

Alarm Systems Licensing Boaid v. George R Baker 



93 DOJ 0457 



Nesnow 



03/10/94 



2046 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Patrick P. Sassman v. Alarm Systems Licensing Boaid 
Christopher Pate v. Alarm Systems Licensing Boaid 
ftiul J. Allen V. Alarm Systems Licensing Boaid 

Private Protective Services Board 

Rex Allen Jefferies v. Private Protective Services Boaid 
Larry C. Hopkins v. Private Protective Services Boaid 
Gregory K. Brooks v. Private Protective Services Boaid 
Stephen M. Rose v. Private Protective Services Boaid 
Lemuel Lee Clark Jr v. Private Protective Services Boaid 
Dexter R. Usher v. Private Protective Services Boaid 
FrankJe L. McKoy v. Private Protective Services Boaid 
John F. Cannichael v. Private Protective Services Boaid 
Michael L. Bonner v. Private Protective Services Boaid 
Edwaid A. Maguiic v. Private Protective Services Boaid 
Johnny R. Dollar v. Private Protective Services Board 

Training and Standards Division 

Curtiss Lance ft)teat v. Criminal Justice Ed. &. Training Stds. Comm. 
Willie David Moore v. Criminal Justice Ed. &. Training Stds. Comm. 
Glenn Travis Stout v. Criminal Justice Ed. & Training Stds. Comm. 
Steven W. Wray v. Sheriffs' Education & Training Standaids Comm. 
J. Stevan North v. Sheriffs' Education & Training Standaids Comm. 
Gregory Blake Manning v. Criminal Justice Ed. & Training Stds. Comm. 
Russell Pinkelton Jr v. Sheriffs' Education & Trainir^ Stds. Comm. 
William Franklin Shectz V, Sheriffs' Education & Training Stds. Comm, 
James Buster MuUins v. Criminal Justice Ed. & Training Stds. Comm. 
James M. Buie v. Criminal Justice Ed. & Training Stds. Comm. 
Bums E. Anderson v. Criminal Justice Ed. & Trainir^ Stds. Comm. 
Nelson Falcon v. Sheriffs' Education & Training Stds. Comm. 
Garron Rey Fischmann v. Criminal Justice Ed. & Training Stds. Comm. 
EdvAid M. Lefler v. Criminal Justice Ed. & Training Stds. Comm. 
Ralph E. Dent v. Criminal Justice Ed. & Training Stds. Comm. 

LABOR 

Ken Harmon v. Laboi; Elevator and Amusement Device Division 
Ronald D. Rumple v. Dept. of Laboi; Wage & Hour Division 

MORTUARY SCIENCE 



94 DOJ 0709 
94 DOJ 0710 
94 DOJ 0964 



93 DOL 1747 

94 DOL 0956 



Chess 
Chess 
West 



Collier 
Reiliy 



09/12/94 
09/12/94 
10/31/94 



93 DOJ 0647 


Reiliy 


08/01/94 


93 DOJ 1618 


Morrison 


03/07/94 


94 DOJ 0008 


Ncsnow 


06/28/94 


94 DOJ 0359 


NesDow 


05/19/94 


94 DOJ 0360 


Nesnow 


05/19/94 


94 DOJ 0648 


Reiliy 


08/15/94 


94 DOJ 0706 


Chess 


09/09/94 


94 DOJ 0707 


West 


12/01/94 


94 DOJ 0794 


Morrison 


09/14/94 


94 DOJ 0795 


West 


12/09/94 


94 DOJ 0796 


Momson 


08/24/94 



93 DOJ 0231 


Chess 


03/28/94 


93 DOJ 1071 


Nesnow 


04/11/94 


93 DOJ 1409 


Gray 


03/03/94 


93 DOJ 1803 


Chess 


06/29/94 


94 DOJ 0040 


Chess 


06/16/94 


94 DOJ 0048 


Gray 


03/29/94 


94 DOJ 0118 


Gray 


08/10/94 


94 DOJ 0196 


Chess 


06/16/94 


94 DOJ 0321 


Gray 


02/15/95 


94 DOJ 0401 


Nesnow 


08/26/94 


94 DOJ 0574 


Bee ton 


10/04/94 


94 DOJ 0611 


Mann 


08/12/94 


94 DOJ 0742 


Nesnow 


02/09/95 


94 DOJ 0822 


Nesnow 


02/15/95 


94 DOJ 0902 


Mann 


01/05/95 



12/27/94 
11/01/94 



9:3 NCR 218 



9:15 NCR 1234 



Mortuary Science v. Peny J. Brown, & Brown's Funeral Dircctore 
PUBLIC EDUCATION 



93 BMS 0532 Chess 



03/28/94 



Donna M. Yedowitz v. Charlotte-Mecklenbu^ Bd. of Education 
Christopher Murch as GuanJian Ad Litem for Angela D. Murch, a Minor 

V. Barbara Ricbaidson, Admin. Except. Child. Prog.; Craven Cty School 

Sys.; Bradford L. Sneeden, Superintendent 
Nancy Watson v. Boaid of Education 
Janet L. Wilcox v. Carteret County Boaid of Education 
Annice Granville, Phillip J. Granville v. Onslow County Bd. of Education 
Donna M. Yedowitz v. Charlotfc-MeckJenbuig Bd. of Education 
Milt Sherman &. Rose Marie Sherman v. Pitt County Boaid of Education 
Mary Ann Sciullo & Frank SciuUo on behalf of their minor child, 

Samuel W Sciullo v. State Boaid of Education 
George W. Stallings & Suzanne H. Stallings v. Charlotte-Mecklenbuig 

Boaid of Education 
Wayne Hogwood v. Department of Public Instruction 
Norman Charles Creange v. State Bd. of Ed., Dept. of Public Instruction 
Donald L. Brickhouse v. Bertie County Schools 
Charlott-Mecklenbuig Boaid of Education v. Lemuel and Patricial Gray, 

as I^ientB of Tanya and Daniel Gray 



92 EDC 1432*^ 


Nesnow 


01/31/95 


93 EDC 0161 


Mann 


11/28/94 


93 EDC 0234 


Chess 


02/28/94 


93 EDC 0451 


Mann 


02/21/94 


93 EDC 0742 


Mann 


08/01/94 


93 EDC 1038*^ 


Nesnow 


01/31/95 


93 EDC 1617 


West 


11/29/94 


94 EDC 0044 


Gray 


07/22/94 


94 EDC 0326 


Mann 


01/05/95 


94 EDC 0653 


West 


10/20/94 


94 EDC 0737 


Morrison 


11/04/94 


94 EDC 1176 


Gray 


01/25/95 


94 EDC 1629 


Mann 


01/17/95 



9:2 NCR 108 
9:11 NCR 863 



9:16 NCR 1326 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2047 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATIGN 



STATE HEALTH BENEFFTS OFFICE 



Linda C. Campbell v. Teachers &. St Emp Major Medical Plan 
Timothy L. Coggins v. Teachers' &. St Emp Comp Major Med Plan 
Sandra Tatum v. TeacheiB & Stale Emplcyees Comp Major Medical Plan 
P.H.B. V. Teacheis & State Employees Comp Major Medical Plan 

STATE PERSONNEL 

Michael L. K. Benson v. Office of State Personnel 

Department of Administration 

Deloies Y. Bryant v. Department of Administration 
DelofEs Y. Bryant v. Department of Administration 
Delores Y Bryant v. Department of Administration 

Agricultural and Technical Stute University 

Linda D. Williams v. Agricultural and Technical State University 
Juanita D. Murphy v. Agricultural and Technical State University 
Thomas M. Simpson v. Agricultural and Technical State University 
Peggy L. Cantrell v. A&T State University 
Pricella M. Curtis v, A&T Stale University Curriculum & Instruction 

Department of Agriculture 

Donald H. Crawford v. Department of Agriculture 
Delores Y Bryant v. Department of Agriculture 



93 INS 0410 


Bee ton 


04/22/94 






93 INS 0929 


Morrison 


03/04/94 






94 INS 0028 


Gray 


10/25/94 


9:16 NCR 


1331 


94 INS 0345 


Gray 


08/23/94 


9:12 NCR 


945 



93 DSP 1690 



94 OSP 0108 
94 OSP 0987 



NC School of the Arts 

Rick McCullough v. Search Comm School/Dance, NC School of the Arts 94 OSP 051 1 

Butner Adolescent Treatment Center 

Alvin Lamonle Breeden v. Butner Adolescent Treatment Center 

Catawba County 

Sandra J. Cunningham v. Catawba County 

North CaroUna Central University 



94 OSP 0899 



93 OSP 1097 



Dianna Blackly v. North Carolina Central University 
Ha-Yrlysh Ha-She'B v. NCCU 



89 OSP 0494 
93 OSP 0875 



Chapel Hill & Carrboro City School 

Bnenda I Parker v. Stella Nickerson, Chapel Hill & Carrboro City School 94 OSP 0568 
Cherry Hospital 



Charles F. Fields v. Cherry Hospital 

Gail Marie Rodgers Lincoln v. Cherry Hospital, Goldsboro, NC 27530 

Department of Commerce 

Ruth Daniel-Fferry v. Department of Commerce 
Delores Y Bryant v. Department of Commerce 

Department of Correction 

Leland K. Williams v. Department of Correction 

Elrqy Lewis v. North Central Area - Dept of Correction, Robert Lewis 

Steven R. Kellison v. Department of Correction 

Bert Eswortby v. Department of Correction 

James J. Lewis v. Department of Correction 



94 OSP 0498 
94 OSP 0578 



93 OSP 0725 

94 OSP 0983 



Nesnoft' 



Reilly 
Gray 



West 



Nesnow 



Reilly 



Nesnow 
Bee ton 



West 



Morrison 
West 



Chess 
Grsj' 



08/23/94 



94 OSP 0988 


Gray 


01/26/95 


94 OSP 0989 


Gray 


01/26/95 


94 OSP 0990 


Gray 


01/26/95 



93 OSP 0089 


Chess 


03/23/94 


93 OSP 0708 


Morrison 


03/16/94 


93 OSP 1393 


Gray 


03/24/94 


93 OSP 1694 


Reilly 


01/06/95 


94 OSP 0748 


Gray 


08/17/94 



05/23/94 
01/25/95 



10/14/94 



10/12/94 



04/29/94 



09/14/94 
04/13/94 



10/06/94 



06/15/94 
10/07/94 



03/04/94 
02/01/95 



91 OSP 1287 


Chess 


02/22/94 


92 OSP 1770 


Bee ton 


05/24/94 


93 OSP 0283 


Chess 


06/15/94 


93 OSP 0711 


Chess 


04/21/94 


93 OSP 1121 


West 


08/31/94 



9:21 NCR 1875 



9:4 NCR 



9:3 NCR 



292 



211 



9:1 NCR 



63 



9:6 NCR 395 



2048 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



Merron Burrus v. Department of Correction 

Lewis AJsbrook v. Department of Correction, Morrison Youth Institution 

Junius C. F^e v. Dept. of Correction, Secy. Franklin Freeman 

Grady Butlei; Jr. v. Correction, Div./Prisons, Sampson Cty Cll Laundry 

Richaid Hopkins v. Department of Correction 

Alfred B. Hunt v. Department of Correction 

Charles Home v. Equal Emp. Opportunity Officer & Dept. of Correction 

Adrian E. Graham v. Intensive Probation/Iferole 

E. Wayne Irvin, D.D.S. v. Div. of Prisons, Department of Correction 

Thomas W. Creswell, Lisa K. Bradley v. Department of Correction 

Thomas W. Creswell, Lisa K. Bradl^ v. Department of Correction 

Barry Lee Clark v. Department of Comsction 

Cljde M. Walker v. Department of Comsction, Div. of Prisons 

Marietta A. Stancil v. Department of Correction 

Edwaid E. Hodge v. Department of Correction 

Phyllis K. Cameron v. Department of Correction 

Brenda Yvonne Ewell v. Department of Correction 

Debra D. McKoy v. Department of Correction 

Richaid L. Pittman v. Department of Correction 

Eastern Correctional Institution 

Ray A. Keel & Zebedee Taylor v. Eastern Correctional Institution 
Roy A. Keel & Zebedee Taylor v. Eastern Comsctional Institution 

Guilford Correctional Center 
Ann R. Williams v. Guilfoid Correctional Center #4440 

McDowell Correctional Center 
Michael Junior Logan v. Kenneth L. Setzer, McDowell Corr. Ctr 

Polk Youth Institution 

Joseph Marie Lcwanowicz v. Department of Correction, Polk Youth Inst. 

Cosmetic Art Examiners 

Mary Quaintance v. N.C. State Boaid of Cosmetic Art Examineis 

Department of Crime Control and PubUc Safety 

Don R. Massenbutg v. Department of Crime Control & Public Safety 

Fred L. Kearny v. Department of Crime Control &. Public Safety 

J.D. Booth v. Department of Crime Control & Public Safety 

Sylvia Nance v. Department of Crime Contiol & Public Safety 

Jerry Lewis v. Dept. of Crime Control & Public Safety, Highway Patrol 

Anthony R. Butler v. Highway Patrol 

Ruth P. Belcher v. Crime Control & Public Safety, Slate Highway Patrol 

Lewis G. Baker v. Crime Control & Public Safety, Office Adj. General 

William Smith v. State Highway Patrol 

Delores Y Bryant v. Crime Control & Public Safety 

Dorothea Dix Hospital 

Bettie Louise Bqykin v. Dorothea Dix Hospital 

Ernest Akpaka v. Scott Stephens, Dorothea Dix Hospital 

Durham County Health Department 

Lyila Denell Stockton v. Durham County Health Department 

East CaroKna School of Medicine 

Gloria Dianne Burroughs v. ECU School of Medicine 
Lillie Mercer Atkinson v. ECU, Dept of Comp. Med., 
Dr William H. Pryor Jr., Sheila Church 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 0SP 1145 


West 


09/30/94 


93 OSP 1739 


West 


07/20/94 


93 OSP 1794 


Mann 


07/08/94 


93 OSP 1804 


West 


11/30/94 


94 OSP 0041 


Chess 


06/16/94 


94 OSP 0243 


Reilly 


04/20/94 


94 OSP 0244 


Nesnow 


06/16/94 


94 OSP 0261 


Morrison 


04/26/94 


94 OSP 0334 


Chess 


10/03/94 


94 OSP 0407»* 


Chess 


09/28/94 


94 OSP 0408** 


Chess 


09/28/94 


94 OSP 0437 


Chess 


09/12/94 


94 OSP 0476 


West 


12/30/94 


94 OSP 0652 


West 


11/22/94 


94 OSP 0829 


Nesnow 


09/15/94 


94 OSP 0896 


Nesnow 


10/27/94 


94 OSP 0959 


Gray 


12/12/94 


94 OSP 0960 


Gray 


12/12/94 


94 OSP 1021 


West 


01/27/95 



94 OSP 0160** 
94 OSP 0256*" 



94 OSP 0428 



94 OSP 0546 



94 OSP 0926 



94 OSP 0372 



Nesnow 
Nesnow 



West 



Gray 



Nesnow 



Chess 



94 OSP 0831 
94 OSP 0962 



93 OSP 1780 



93 OSP 0909 

94 OSP 0162 



Nesnow 
Gray 



Gray 



Bee ton 
Gray 



07/20/94 
07/20/94 



06/22/94 



09/01/94 



11/07/94 



06/14/94 



90 OSP 0239 


Chess 


04/28/94 


91 OSP 0401 


West 


03/18/94 


92 OSP 0953 


Morrison 


10/18/94 


92 OSP 1463 


Reilly 


03/21/94 


93 OSP 1058 


West 


12/30/94 


93 OSP 1079 


West 


08/30/94 


94 OSP 0190 


Gray 


09/06/94 


94 OSP 0572 


Mann 


07/12/94 


94 OSP 0816 


Morrison 


09/09/94 


94 OSP 0986 


Gray 


12/14/94 



09/28/94 
11/01/94 



05/25/94 



10/26/94 
10/06/94 



9:23 



NORTH CAROLINA REGISTER 



March I, 1995 



2049 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



William Lee Perkins v. ECU Sch of Med. Comp. Med. L. Blaokenship, 
Tammy Barnes, Wm Pyroe 

East CaroUna University 

Lois Toler Wilson v. East Carolina University 

Elizabeth City State University 

John Franklin Simpson & Wayne Tyrone Barclift v. Eliz. City St. U. 
John Franklin Simpson & Wayne Tyrone Ban:lift v. Eliz. City St. U. 
James Charles Knox v. Elizabeth City State University 

Employment Security Commission of North Carolina 

Dan G. Smith v. Employment Security Commission of N.C. 
Rejeanne B. LeFrancois v. Emplcyment Security Commission of N.C. 

Department of Environment, Health, and Natural Resources 

Steven P. Karasinski v. Environment, Health, and Natural Resources 

Division of Marine Fisheries 

William D. Nicely v. Environment, Health, & Natural Resources 

FayetteviUe State University 

Bessie Carpenter Locus v. FayetteviUe State LTniversity 
Roscoe L. Williams v. FayetteviUe Slate Univeisily 

Department of Human Resources 

Inez Latta v. Department of Human Resources 

Charla S. Davis v. Department of Human Resources 

Rose Mary Taylor v. Department of Human Resources, Murdoch Center 

David R. Rodgers v. Jimmy Summerville, Stonewall Jackson School 

Dr. I^tricia Sokol v. James B. Hunt, Governor and Human Resources 

Bruce B. Blackmon, M.D. v. DHR, Disability Determination Services 

Craven County Department of Social Serxices 

Shirley A. Holland v. Craven Cty. Dept. /Social Services & Craven Cty. 
Nettie Jane Godwin (Lawhom) v. Craven Cty. DSS &. Craven Cty. 
Violet P. Kelly v. Craven Cty. Dept. of Social Services & Craven Cty. 
June Carol Jerkins v. Craven County Department of Social Services 

Durham County Department of Social Senices 

Belinda F. Jones v. Daniel Hudgins, Durham Cty Dept of Social Svcs 
Ralph A. Williams v. Durham County Department of Social Services 

Haywood County Department of Social Senices 
Dorothy Morrow v. Haywood County Department of Social Services 

Pamlico County Department of Social Services 
Mrs. Dietra C. Jones v. F^mlico Department of Social Services 

Lee County Health Department 
James Shackleton v. Lee County Health Department 

Lenoir County Health Department 
Nino A. Coley v. Lenoir County Health Department 



94OSP0741 



West 



94 OSP 0143 Gray 



93 OSP 0356*"^ Mano 

93 OSP 0358*" Mann 

94 OSP 0207 Gray 



93 OSP 0865 Becton 

93 OSP 1069 West 



93 OSP 0940 West 



92 OSP 1454 Becton 



86 OSP 0202 Morrison 

93 OSP 0487 West 



93 OSP 0728 

94 OSP 0167 



94 OSP 0186 



94 OSP 0251 



94 OSP 0344 



94 OSP 0503 



Chess 
Reilly 



West 



Chess 



Gray 



West 



09/30/94 



12/06/94 



01/30/95 
01/30/95 
06/17/94 



11/23/94 
04/08/94 



09/02/94 



05/04/94 



11/18/94 
06/22/94 



93 OSP 0830 


Becton 


03/28/94 


93 OSP 1762 


Gray 


03/03/94 


93 OSP 0047 


Gray 


05/06/94 


94 OSP 0087 


Chess 


03/16/94 


94 OSP 0357 


Chess 


08/22/94 


94 OSP 0410 


Nesnow 


09/14/94 



93 OSP 1606 


Gray 


07/01/94 


93 OSP 1607 


Gray 


07/18/94 


93 OSP 1805 


Reilly 


07/05/94 


94 OSP 0758 


Nesnow 


01/11/95 



04/11/94 
09/13/94 



06/17/94 



08/09/94 



08/17/94 



01/13/95 



9:19 NCR 1591 



9:5 NCR 333 



9:18 NCR 1500 



9:9 NCR 655 



2050 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Robeson County Department of Social Senices 

Patricia A. Hammonds v. Robeson County Dept. of Social Services 

Medical Assistance 

Deletes Y. Bryant v. DHR, Division of Medical Assistance 
Deloies Y Bryant v. DHR, Division of Medical Assistance 



94 DSP 0236 



94 OSP0991 
94 DSP 0992 



Morrison 02/03/95 



Gray 
Gray 



10/27/94 
10/27/94 



Mental Health/Mental Retardation 
Yvonne G. Johnson V. Blue Ridge Mental Health 93 OSP 1604 Becton 03/18/94 

Sandhills Center for Mental Health, Developtnenkil Disabilities, and Substance Abuse Senices 
Steve LeGrand Avant v. Sandhills Ctr. for MH/DD/SAS 94 OSP 0655 Chess 12/30/94 

Services for the Blitxd 
Donna L. Williams v. DHR, Division of Services for the Blind 93 OSP 1610 Morrison 10/25/94 

VJbke County Mental Health, Developmental Disabilities, atui Substance Abuse Services 



Julia Morgan Brannon v. Wake County MH/DD/SAS 
Mfrynf County Departjnent of Social Services 

Brently Jean Carr, Nan(y Carol Carter v. Wayne County/W^ne 

County Department of Social Services 
Brently Jean Carr, Nancy Carol Carter v. Wayne County/V,^ne 

County Department of Social Services 



94 OSP 0214 



Reilly 



94 OSP 0539** Mann 
94 OSP 0540** Mann 



Youth Services 
David R. Rodgers v. DHR, Div./Youth Services, Stonewall Jackson Sch. 94 OSP 0306 Chess 

Insurance 

Delotes Y Bryant v. Department of Insurance 
Justice 

Deloies Y Bryant v. Department of Justice 
Labor 

Sydney Sutton Mercer v. Department of Labor 
Public Instruction 



Elaine M. Sills v. Department of Public Instruction 
Deloies Y Bryant v. Department of Public Instruction 
Deloies Y. Bryant v. Department of Public Instruction 



94 OSP 0985 



94 OSP 0984 



94 OSP 1318 



Gray 



Gray 



Reilly 



Real Estate Appraisal Board 

Earl Hansford Grubbs v. Appraisal Boaid 

Reveniu 

Jeanette D. Olson v. Department of Revenue 

Smoky Mountain Center 

Betty C. Bradley v. Smoky Mountain Center 



94 OSP 0753 



94 OSP 0768 



93 OSP 1505 



Nesnow 



Nesnow 



Becton 



04/14/94 



11/07/94 
11/07/94 



10/24/94 



02/08/95 



10/27/94 



02/15/95 



94 OSP 0781 


Gray 


10/06/94 


94 OSP 0981 


Gray 


11/28/94 


94 OSP 0982 


Gray 


11/28/94 



08/24/94 



02/03/95 



09/26/94 



9:22 NCR 1949 



9;14NCR 1141 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2051 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



N,C. State University 

Albert S. Provenzano v. N.C. Slate Univcreity 

Albert S. Provenzano v. N.C. State University 

Laura K. Reynolds v. N.C. State University - Dept. of Public Safety 

Albert S. Provenzano v. N.C. State University 

Ashraf G. Khalil v. N.C.S.U 

Robin Lazenhy Boyd v. NC State University Human Res. /Seafood Lab 

I^tsy E. Harris v. N.C. State University 

Department of Transportation 

Phyllis W. Newnam v. Department of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportetion 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of TransporBtion 

Betsy Johnston I\>well v. Department of Transportation 

Arnold Craig v. Samuel Hunt, Secretary Department of TransporBtion 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Susan H. Cole v. Department of Transportation, Div. of Motor Vehicles 

Cl)de Lem Hairslon v. Department of Transportetion 

Angela Trueblood Westmoreland v. Dq^artmenl of Transportation 

Bobty R. Mayo v. Department of Transportation 

Tony Lee Curtis v. Department of Transportation 

Darrell H. Wise v. Department of Transportation 

Henry C. Puegh v. Department of Transportation 

Kenneth Ray Harvey v. Department of Transportation 

Bobty R. Mayo v. Transportation, Ferry Div. Jerry W. Gaskill, Director 

Jean Williams v. Department of Transportation 

R. Stanley Morgan v. Department of Transportation 

Bobty R. Mayo v. Department of Transportation 

A. Dean Bridges v. Department of Transportation 

Michael Bryant v. Department of Transportation 

Pearlie M. Simu el -Johnson v. Department of Transportetion 

Danny Lee Taylor v. Department of Transportetion 

Freddie R. Lewis, Jr. v. Department of Transportation 

University of North Carolina at Chapel HiU 

William I^ul Fearrington v. University of North Carx^Iina at Chapel Hill 
F^ulette M. McKoy v. University of North Carolina at Chapel Hill 
I^ulette M. McKoy v. University of North Carolina at Chapel Hill 
Eric W. Browning v. UNC-Chapel Hill 

Beth Anne Miller, R.N.-C v. UNC James A. Taylor Std Health Svc. 
Larry Torain v. Transportetion & Forking, UNC - Chapel Hill 

University of North Carolina at Greensboro 

James S. Wilkinson v. UNCG Police Agenty 

UNC Hospitals 

Barry Alonzo Nichols v. UNC Hospitals Central Dist. Sect. 

Wake County School System 

Lula Mae Fr^^eman v. Wake County School System 

The Whitaker School 



91 OSP0867*" 


Nesnow 


02/14/95 


92OSP0519*" 


Nesnow 


02/14/95 


92 OSP 0828 


Morgan 


05/26/94 


93 OSP 0594*" 


Nesnow 


02/14/95 


93 OSP 1666 


Nesnow 


09/19/94 


94 OSP 0779 


Nesnow 


12/01/94 


94 OSP 0845 


Nesnow 


02/10/95 



92 OSP 1799 


Morgan 


08/11/94 






93 OSP 0297*" 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0500*" 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0550 


Morrison 


03/28/94 






93 OSP 0586 


Nesnow 


07/11/94 






93 OSP 0908 


Morrison 


07/15/94 






93 OSP 0908 


Morrison 


10/07/94 






93 OSP 0944 


Chess 


02/28/94 






93 OSP 1001 


Morrison 


09/30/94 


9:14 NCR 


1136 


93 OSP 1004 


Nesnow 


09/01/94 






93 OSP 1037 


Reilly 


08/26/94 






93 OSP 1353 


Gray 


07/26/94 






93 OSP 1710 


Nesnow 


05/24/94 






94 OSP 0423 


Morrison 


08/17/94 






94 OSP 0479 


Nesnow 


01/24/95 






94 OSP 0502 


Morrison 


11/22/94 


9:18 NCR 


1504 


94 OSP 0586'^ 


Reilly 


12/13/94 






94 OSP 0632 


Gray 


08/23/94 






94 OSP 0654*' 


Reilly 


12/13/94 






94 OSP 0728 


Chess 


08/15/94 






94 OSP 0844 


Gray 


11/14/94 






94 OSP 0979 


Chess 


01/23/95 






94 OSP 1023 


Reilly 


01/04/95 







91 OSP 0905 


Reilly 


10/19/94 


92 OSP 0380*' 


Bee ton 


10/24/94 


92 OSP 0792*' 


Bee ton 


10/24/94 


93 OSP 0925 


Morrison 


05/03/94 


94 OSP 0800 


Nesnow 


09/26/94 


94 OSP 1403 


Chess 


01/25/95 



93 OSP 0850 



94 OSP 0509 



Chess 



08/22/94 



Morrison 06/15/94 



9:5 NCR 



342 



94 OSP 0576 Morrison 06/28/94 



DwByne R. Cooke v. The Whitaker School 

Winston-Salem State University 

David Phillip Davis v. Winston-Salem State Univeraity 

Tonity M. Jarrett v. Winston-Salem State University Campus Police 



94 OSP 0328 Chess 06/02/94 



93 OSP 0947 Reilly 09/28/94 

93 OSP 0953 Reilly 09/12/94 



2052 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



yTATE TREASURER 

Retirement Systems Division 

Molly Wiebenson v. Bd./Trustees/Teacheis' & State Emplcyecs' Ret. Sys. 
Judith A. Dorman v. Bd./Trustees/TeacheiB* & State Emplcyees' Ret. Sys. 
Nathan Fields v. Bd./Trustees/Teacheis' & State Emplcyees* Ret. Sys. 
John C. Russell v. Bd./Trusteee/Teacheis' & State Emplcyees' Ret. Sys. 
Marion Franklin Howell v. Teachers' & State Emplcyees' Retirement Sys. 
Robert A. Slade v. Bd./Trustecs/N.C. Local Govtl. Emp. Ret. System 
Connie B. Grant v. Bd./Tnistees/Teacheis' & State Emplcyees" Ret. Sys. 
James E. Walker, Ind. & Admin for the Estate of Sarah S. Walker v. Bd./ 

Trustees/N.C. Ixical Govt. Emp. Ret. System 
Eliiabeth M. Ehidley v. Bd./Trustees/Teacheis' & Slate Emps* Ret. Sys. 
Kenneth A. Glenn v. Bd./Trustees/Teacheis' & St Emplcyees' Ret. Sys. 
Joseph Fulton v. Bd./Tnistees/Teacheis' & State Emplcyees' Ret. Sys. 
Deborah W. Stewart v. Bd./TruBtees/Teacheis' &. State Emplcyees' 

Ret. Sys. and Anthony L. Hope & Derrick L. Hope 
Raymond G. Gurley v. Bd./Trustecs/Teacheis' & State Emp. Ret. Sys. 

TRANSPORTATION 



Taylor & Murpfay Consttuction Co. , Inc. v. Department of Transportetion 93 DOT 1404 
US. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 

Robert Tolbert V. U.S. Equal Emplcyment Opportunity Commission 94 USE 1410 

UNIVERSITY OF NORTH CAROLINA 



92 DST 0015 


Morgan 


05/26/94 


9;6 NCR 


403 


92 DST 0223 


Moigan 


08/11/94 






93 DST 0161 


Morrison 


05/18/94 






93 DST 0164 


West 


03/07/94 






93 DST 0475 


Nesncrw 


08/04/94 


9:12 NCR 


941 


93 DST 0785 


Bee ton 


03/18/94 


9:1 NCR 


68 


93 DST 0883 


Chess 


06/15/94 






93 DST 1054 


Bee ton 


05/31/94 


9:7 NCR 


490 


93 DST 1474 


Nesnow 


03/28/94 






93 DST 1612 


Morrison 


05/18/94 






93 DST 1731 


Bee ton 


05/25/94 






94 DST 0045 


Nesnow 


07/25/94 


9:10 NCR 


768 


94 DST 0876 


Gray 


02/09/95 


9:23 NCR 


2054 



Che 



Gray 



08/24/94 



12/14/94 



Heather Anne forter v. State Residence Committee 
Nixon Omolodun v. UNC Physicians and Associates 



92 UNC 0799 
94 UNC 0295 



Nesnow 
Chess 



08/23/94 
06/27/94 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2053 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF WAYNE 



IN THE OFFICE OF 

ADMINISTRATrVE HEARINGS 

94 DST 0876 



RAYMOND G. GURLEY, 
Petitioner, 



THE BOARD OF TRUSTEES OF THE 
TEACHERS' AND STATE EMPLOYEES' 
RETIREMENT SYSTEMS, 
Respondent. 




THIS CAUSE came on for hearing before Beecher R. Gray, Administrative Law Judge, on the 10th 
day of January 1995, at the Wayne County Courthouse in Goldsboro, Wayne County, North Carolina, upon 
the Petition of Raymond G. Gurley, Petitioner, contesting a determination of the Respondent, The Board of 
Trustees of the Teachers' and State Employees' Retirement System, not to include certain payments in the 
calculation of Petitioner's retirement benefits. Upon the call of the case the Petitioner was present represented 
by H. Jack Edwards, Attorney at Law, and J. Marshall Barnes, III, Deputy Director of Respondent was 
present and represented by Alexander McC. Peters, Special Deputy Attorney General. Based upon a review 
of the record and after hearing all evidence presented by the parties, the Court makes the following 
FINDINGS OF FACT: 

1. The Petitioner, Raymond G. Gurley, is a resident of Wayne County, North Carolina, and is 
now retired from his former employment with the Wayne County Public Schools. 

2. Prior to January 1, 1992, Petitioner was employed with the former Wayne County Board of 
Education for approximately twenty eight years. He was initially hired as a teacher and coach, then served 
as a school principal and thereafter, for approximately eighteen years, as Assistant Superintendent in charge 
of Auxiliary Services for the Wayne County School System. 

3. On April 22, 1991, Petitioner entered into a Contract of Employment with the Wayne County 
Board of Education as an Assistant Superintendent for a four year term commencing July 1, 1991, and 
terminating on June 30, 1995. 

4. Under the terms of the Contract of Employment dated April 22, 1991, Petitioner was to be 
paid an annual salary based on the State Salary Schedule for Assistant Superintendents adopted by the State 
Board of Education and in addition was to receive annually a supplement paid monthly from local funds, 
which amounted to in excess of $14,100.00 during the first year of the contract. The Employment Contract 
further provided that the Board of Education would review the amount of the local supplement at the end of 
each year during the contract to determine if there should be an increase for the next year. 

5. That in his position as Assistant Superintendent of the Wayne County Schools, prior to 
January, 1992, Petitioner was responsible for all new construction and renovation projects and the maintenance 
for the twenty school campuses located in the former Wayne County School System. His department had 
approximately forty one employees, a maintenance facility and thirty maintenance vehicles. The County School 
System had about one million square feet of total floor space to be maintained and served some fourteen 
thousand students. 

6. On January 1, 1992, the former Wayne County Schools merged with the former Goldsboro 
City Schools to form the Wayne County Public School System. 



2054 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



7. Petitioner continued to be employed in the same position with the merged Wayne County 
Board of Education under the April 22, 1991, Contract of Employment. 

8. That as a result of the merger of the two school systems the Petitioner, as Assistant 
Superintendent for Auxiliary Services, assumed responsibility for the maintenance of six additional school 
campuses and a central office complex. The maintenance department increased from forty one to sixty 
employees with fifteen additional maintenance vehicles. The combined school systems had one million three 
hundred fifty thousand square feet of floor space to be maintained and served eighteen thousand five hundred 
students. In addition. Petitioner assumed responsibility for several major renovation projects that were in 
progress in the former City School System. 

9. The supervising of all maintenance, renovation work and new construction for the merged 
school system was the sole responsibility of the Petitioner as there was no employee of the former City School 
System to share these responsibilities in the merged system as was the case in other areas such as finance and 
personnel. 

10. Petitioner did not receive any increase in his salary at the time of the merger of the two 
school systems to compensate him for the increased duties and responsibilities of his position. 

1 1 . That even though the merged Board of Education assumed responsibility for the Contract of 
Employment dated April 22, 1991, there was no review of the salary paid Petifioner from local funds at the 
end of the 1991-1992 school year nor at the end of the 1992-1993 school year, as required by the Contract. 

12. Prior to the merger of the school systems, Jimmy Wells was employed with the former 
County School System as Director of Maintenance at an annual salary of approximately $37,000.00. Mr. 
Wells reported to and was under the direct supervision of the Petitioner. 

13. The salary of Jimmy Wells as Director of Maintenance was determined by a schedule 
established by the State Board of Education and his salary was paid totally by the State. 

14. After the merger of the Wayne County and Goldsboro City School Systems, Jim Wells 
retained the position of Maintenance Director with the merged school system under the supervision of 
Petitioner. However, after the merger Mr. Wells salary increased to an amount in excess of $50,000.00 under 
the State salary schedule to compensate him for his additional duties and responsibilities under the merged 
system. 

15. That during the calendar year 1992, the new Wayne County Public School System was 
governed by an interim Board of Education consisting of seven members from each of the former City and 
County Boards of Education. During this interim period no changes were made to Petitioner's salary. 

16. In January, 1993, a seven member elected Board of Education replaced the interim Board of 
Education as the governing body of the school system. 

17. Beginning in February 1993, Petitioner began discussions with the Superintendent of Schools 
and the Finance Committee of the Wayne County Board of Education concerning an increase in the salary he 
was receiving to compensate Petitioner for the increased duties and responsibilities of his position with the 
merged school system. 

18. That the discussions concerning Petitioner's salary continued through the calendar year 1993, 
and culminated with a new Contract of Employment dated February 1, 1994. 

19. At one point in the salary discussions. Petitioner requested the Board of Education consider 
changing his position from that of Assistant Superintendent to Associate Superintendent which would have 
resulted in some increase in that part of his salary paid by the State, but this was never approved by the Board 
of Education. 



9:23 NORTH CAROLINA REGISTER March 1, 1995 2055 



CONTESTED CASE DECISIONS 



20. The Wayne County Board of Education begin looking at the salaries and positions of all 
employees of the merged school system in February, 1993, and continued their study and reorganization of 
personnel through May of 1994. The Petitioner's position was not acted on during this process until February 
of 1994. 

21. In 1990 Petitioner had major back surgery and in October of 1992, he had knee replacement 
surgery. At the present time Petitioner is scheduled to have a second knee replacement surgery. In addition, 
Petitioner has high blood pressure and an arthritic condition for which he takes medication. 

22. As a result of Petitioner's concern with his medical problems, he had discussions with Darron 
Flowers, Superintendent of the Wayne County Public Schools, in the Fall of 1993 about possible early 
retirement. 

23. That the discussion with Superintendent Flowers was not part of the Petitioner's request for 
an increase in salary, which request was based on the increase in his duties and responsibilities resulting from 
the merger of the two school systems. 

24. On February 17, 1994, Petitioner presented a letter to Mrs. Peggy Massengill, Chairman of 
the Wayne County Board of Education, requesting early retirement effective June 30, 1994, and asking that 
his salary be increased by the amount of $6,000.00 per month for the period extending from February, 1994, 
through June, 1994. 

25 . Petitioner's request for an early retirement was based solely on his concern that he might not 
be able to continue his job performance due to his medical problems. 

26. The salary adjustment requested by Petitioner in his letter to Ms. Massengill was determined 
by him based on an increase in salary of $1,000.00 per month for the 30 months from the merger of the 
schools on January 1, 1992, through his retirement on June 30, 1994. Petitioner believed he was due this 
salary adjustment as a result of the increased duties and responsibilities of his position resulting from the 
merger of the school systems. 

27. The Wayne County Board of Education approved a new Contract of Employment with 
Petitioner, effective February 1, 1994, for a term commencing February 1, 1994, and ending June 30, 1994. 

28. The new Contract of Employment provided that Petitioner would receive a base salary as 
determined by the State Salary Schedule for Assistant Superintendents adopted by the State Board of Education 
and that Petitioner would also receive as part of his salary a monthly local supplement in the amount of 
$7,488.66. 

29. That the Contract of Employment effective February 1, 1994, did not make any provision 
for the payment to Petitioner of any consideration for the stated purpose of purchasing any remaining 
contractual rights under the Contract of Employment dated April 22, 1991. 

30. Petitioner never had any discussions with the Wayne County Board of Education concerning 
the purchase or buy out of any remaining contractual rights under the Contract of Employment dated April 
22, 1991, nor did Petitioner ever make such a request of the Board of Education. 

31. Prior to preparing the letter to Ms. Massengill, Petitioner talked with Darron Flowers, 
Superintendent of the Wayne County Public Schools, to determine if there would be any problem with the 
Retirement System accepting the retroactive salary if paid over a five month period at the rate of $6,000.00 
per month. 

32. In the presence of Petitioner, Superintendent Darron Flowers called the Retirement System 
Office and inquired as to whether payment of the salary to Petitioner over a five month period would cause 
any problems. Superintendent Flowers related to Petitioner that the individual he talked with in the Retirement 



2056 NORTH CAROLINA REGISTER March I, 1995 9:23 



CONTESTED CASE DECISIONS 



System Office advised that the large amount of the increased payment would raise a flag with the Retirement 
System, but that if the Superintendent would verify that the payment was, in feet, salary there would be no 
problem with the Retirement System accepting the same. 

33. Petitioner relied on the information he received from the Retirement System through 
Superintendent Flowers in making his request to the Board of Education in the Letter to Ms. Massengill. 
Petitioner would not have requested the salary adjustment and early retirement as set out in his letter to Ms. 
Massengill if he had known there would be a problem with the Retirement System accepting the salary for 
the purpose of calculating his retirement benefits. 

34. According to Mr. James Parker, a member of the Wayne County Board of Education and 
Chairman of the Finance Committee of the Board during the discussions and actions on Petitioner's salary, 
the $6,000.00 per month paid Petitioner from February 1, 1994, through June 30, 1994, was intended as a 
salary adjustment recognizing the increase in the duties and responsibilities of Petitioner as a result of the 
merger of the two school systems. 

35. The Wayne County Board of Education acknowledged by a Resolution adopted in June of 
1994, that the salary adjustment for Petitioner was intended to be retroactive and was to feirly compensate 
Petitioner for his services considering the increase in his duties and responsibilities resulting from the merger 
of the City and County School Systems. 

36. The additional $6,000.00 per month paid Petitioner under the Contract of Employment 
effective February 1, 1994, was feir and reasonable compensation paid by the Wayne County Board of 
Education to Pfetitioner for services rendered to the Board of Education following the merger of the former 
City and County School Systems. 

37. That following the merger of the two school systems, the Wayne County Board of Education 
did agree to pay a lump sum to Jean Hayslip, a former Assistant Superintendent with the Goldsboro City 
Schools whose services were not needed in the merged system, for the relinquishing of the balance of her 
contract term. 

38. That Darron Flowers was an Associate Superintendent with the former Wayne County School 
System with a four year contract that expired on June 30, 1995; that on March 15, 1993, the merged Wayne 
County Board of Education entered into a new Contract of Employment with Darron Flowers to serve as 
Superintendent of the merged Wayne County Public School System through June 30, 1994; and that the new 
Contract of Employment with Mr. Flowers specifically provided that he would be paid a lump sum at the end 
of the new contract period for the relinquishment of his rights under the Contract of Employment with the 
former County Board of Education, including the final year of that contract. 

39. That the only occasions that the merged Wayne County Board of Education agreed to pay for 
the relinquishment of the remaining term of a prior Contract of Employment have been in the situation 
involving Ms. Hayslip and Mr. Flowers wherein the Board of Education agreed to make a lump sum payment 
specifically for this purpose; and that no such agreement was ever made by the Wayne County Board of 
Education with Petitioner. 

40. By letter dated April 25, 1994, J. Marshall Barnes, III, Deputy Director of the Retirement 
Systems Division wrote to Mr. William H. Troutman, Assistant Superintendent, Fiscal Affairs, Wayne County 
Public Schools, advising the School System that his office had determined that the $6,000.00 payment to 
Petitioner was not for salary or wages earned for services rendered as an employee but was deemed to be 
consideration for relinquishment of previous employment and contract rights. 

41. Upon learning that the State Retirement System had instructed the Wayne County Board of 
Education not to include the $6,000.00 in salary in the schools payroll report to the Retirement Systems, 
Petitioner wrote the Superintendent, William Darron Flowers, on May 6, 1994, and objected to the exclusion 
of this part of his salary in the reports to the State Retirement System. 



9:23 NORTH CAROLINA REGISTER March 1, 1995 2057 



CONTESTED CASE DECISIONS 



42. Thereafter, Petitioner, James C. Parker and Petitioner's Attorney corresponded with J. 
Marshall Barnes, III, in an effort to provide information to show that the $6,000.00 additional monthly 
payment was, in fact, intended as salary for services rendered by Petitioner in his employment. 

43. That the additional information provided to Mr. Barnes did not change the position taken by 
the retirement system as evidenced by letters from J. Marshall Barnes, III, to Petitioner dated June 22, 1994, 
and to H. Jack Edwards, Attorney for Petitioner dated July 13, 1994. 

44. Petitioner thereafter filed a Petition for a Contested Case hearing on August 1, 1994. 

45. Petitioner receives less in monthly retirement benefits as a result of the determination by the 
Respondent not to include the $6,000.00 monthly payment from the Wayne County Board of Education during 
the five months beginning February 1, 1994, and ending June 30, 1994, in the calculation of Petitioner's 
retirement benefits. 

Based upon the foregoing FINDINGS OF FACT, the Court makes the following CONCLUSIONS 
OF LAW: 

1. That this proceeding is subject to the provisions of Chapter 150B of the North Carolina 
General Statutes. 

2. Petitioner is a member of the Retirement System for Teachers and State Employees as defined 
in Article I of Chapter 135 of the North Carolina General Statutes. 

3. The amount of $6,000.00 per month paid to Petitioner by the Wayne County Board of 
Education for the five month period beginning February 1, 1994, and ending June 30, 1994, was 
compensation earned for service as an employee or teacher as defined in North Carolina General Statute 135- 
l(7a). 

4. Petitioner is entitled to have the additional compensation in the amount of $6,000.00 per 
month paid to him by the Wayne County Board of Education for the period beginning February 1, 1994, and 
ending June 30, 1994, included by the Respondent in calculating his retirement benefits under the provisions 
of Article I of Chapter 1 35 of the North Carolina General Statutes. 

NOW, THEREFORE, IT IS HEREBY RECOMMENDED that the salary in the amount of $6,000.00 
per month paid to Petitioner, Raymond G. Gurley, by the Wayne County Board of Education, for the five 
month period beginning February 1, 1994, and ending June 30, 1994, shall be included by the Respondent, 
The Board of Trustees of The Teachers' and State Employees' Retirement System, in the calculation of 
Petitioners retirement benefits. 

IT IS FURTHER RECOMMENDED, that Petitioner receive any increase in benefits that may result 
from the inclusion of the additional compensation in calculating his retirement benefits retroactive to the date 
of his retirement. 

ORDER 

It is hereby ordered that the agency serve a copy of the final decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, in accordance with North Carolina General Statute 
150B-36(b). 

NOTICE 

Tlie agency making the final decision in this contested case is required to give each party an 
opportunity to file exceptions to this recommended decision and to present written arguments to those in the 
agency who will make the final decision. G.S. 150B-36(a). 



2058 NORTH CAROLINA REGISTER March 1, 1995 9:23 



CONTESTED CASE DECISIONS 



The agency is required by G.S. 150B-36(b) to serve a copy of the final decision on all parties and to 
fiimish a copy to the parties' attorney of record and to the Office of Administrative Hearings . 

The agency that will make the final decision in this contested case is the Board of Trustees of the 
Teachers' and State Employees' Retirement System. 



Entered this 9th day of February, 1995. 



Beecher R. Gray 
Administrative Law Judge 



9:23 NORTH CAROLINA REGISTER March 1, 1995 2059 



CONTESTED CASE DECISIONS 



STATE OF NORTH CAROLINA 



COUNTY OF ONSLOW 



IN THE OFFICE OF 

ADMINISTRATIVE HEARINGS 

94 EHR 1035 




EDNA M. BLAKE 
KAHOOTS DANCE CLUB, 
Petitioner, 



N.C DEPARTMENT OF ENVIRONMENT, 
HEALTH & NATURAL RESOURCES, 

and 
ONSLOW COUNTY HEALTH 
DEPARTMENT 

Respondents. 



This matter was heard before Brenda B. Becton, Administrative Law Judge, on January 11, 1995, 
in Jacksonville, North Carolina. 



APPEARANCES 



For Petitioner: 



For Respondent: 



Pro se. 



Grady L. Balentine, Jr., Associate 
Attorney General, North Carolina 
Department of Justice, Raleigh, N.C, 

ISSUE 



Whether the Respondent properly issued an intent to suspend the Petitioner's Certificate of 
Completion. 

STATUTES AND RULES INVOLVED 

N.C. Gen. Stat. §130A-333, et seq. 
15A NCAC 18A .1900, et seq. 

RULING OF MOTION 

Since authorized agents of the Onslow County Health Department act as agents of the North Carolina 
Department of Environment, Health, and Natural Resources when applying and enforcing the laws and rules 
governing sewage treatment and disposal systems, the Department of Environment, Health, and Natural 
Resources is a necessary party to this proceeding and the Respondent moved that the caption be amended to 
provide for the naming of the Department of Environment, Health, and Natural Resources as a Respondent. 
Said motion is allowed. 

EXfflBITS 

The following exhibits ofl^ered by the Respondent were received in evidence: 
Rl. Certificate of Completion #4524 dated November 1, 1976. 
R2. Application for Improvements Permit dated April 29, 1994. 



2060 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CONTESTED CASE DECISIONS 



R3. Soil Site Evaluation for On-Site Wastewater System dated April 29, 1994. 

R4. Certificate of Completion #4524 with conditions dated May 2, 1994. 

R5. Improvement Permit dated May 5, 1994. 

R6. Letter to Edna Blake from Walter Giese dated July 20, 1994. 

R7. Notice of intent to suspend Certificate of Completion dated September 1, 1994. 

FINDEVGS OF FACT 

From official documents in the file, sworn testimony of the witnesses, and other competent and 
admissible evidence, it is found as a feet that: 

1 . The Petitioner operates an establishment known as Kahoots Dance Club. 

2. In the Spring of 1994, the Onslow County Health Department was contacted by an inspector (either 
building or electrical) regarding the capacity of the septic system on the property where Kahoots is 
located. 

3. The Petitioner has an improvement permit for a ground absorption sewage system which was initially 
issued in 1976 for business use with two bathrooms (Respondent's exhibit 1). That permit indicates 
that there is a one thousand gallon septic tank on the property, but it does not include any limitations 
regarding the number of permissible gallons of sewage per day. 

4. After receiving the request for information from the inspector, the Health Department began an 
investigation into the type and capacity of the Petitioner's septic system. 

5. On April 29, 1994, the Petitioner made an application for another improvement permit. 

6. On that same date, Walter Giese, an Environmental Health Specialist with the Health Department, 
visited the Petitioner's property for the purpose of conducting a site evaluation for an on-site 
wastewater system. 

7. Mr. Giese made four 4 feet deep borings on the Petitioner's property and examined the existing septic 
system. 

8. Mr. Giese determined that the existing septic system was too deep in the ground to permit any 
modification under the rules currently applicable to ground absorption systems. 

9. After examining the soil samples, Mr. Giese determined that the property was suitable for a 640 
gallons a day septic with a maximum seating capacity of 32 patrons and 3 employees. 

10. Subsequent to Mr. Giese's examination of the existing septic system, a condition was added to the 
1976 improvement permit. The condition was as follows: 

This permit is for a bar/cocktail lounge. There shall be no more than 12 total seats (chairs, 
stools, booth seats or any combination thereof) and standing room in the establishment. 
There shall be no food service. 

11. On May 5, 1994, another Improvement Permit was issued for the Petitioner's property that allowed 
for the installation of a 640 gallons a day septic with a maximum seating capacity of 32 and 3 
employees. 



9:23 NORTH CAROLINA REGISTER March 1, 1995 2061 



CONTESTED CASE DECISIONS 



12. Prior to the Petitioner acquiring the property where Kahoots is located, the property has been used 
as an auction house which could seat approximately 300 people and a marble plant. 

13. The Respondent's witnesses testified that did not know what use the premises had been put to 
immediately prior to the Petitioner's acquisition of the property. 

14. The Petitioner has never had any problem with the septic system malfunctioning. 

15. Kahoots has approximately 250 members. On weekends, there were often more than twelve chairs 
on the premises. 

16. On September 1, 1994, Mr. Giese wrote the Petitioner a letter notifying her of the Health 
Department's intent to suspend the " Certificate of Completion issued on May 2_, 1994 " for Kahoots. 

17. The Petitioner filed a Petition for a Contested Case Hearing on September 29, 1994. 

18. The Respondent's rules regarding the applicability of the sewage treatment and disposal rules codified 
in the North Carolina Administrative Code provide: 

The provisions of this Section shall not apply to properly functioning sewage collection, 

treatment, and disposal systems in use or for which a valid permit to install a system has been 

issued prior to July 1, 1977. This provision is applicable only where the sewage flow and 

sewage characteristics are unchanged. This provision does not affect the requirements for 

system operation, maintenance, and management in accordance with Rule .1961 of this 

section. 

15A NCAC 18A .1962 (July 9, 1991). 

19. There is no evidence that the Petitioner's usage will change the sewage flow and characteristics from 
that which previously existed on the premises. 

Based on the foregoing Findings of Fact, the undersigned Administrative Law Judge makes the 
following: 

CONCLUSIONS OF LAW 

1 . The parties are properly before the Office of Administrative Hearings. 

2. North Carolina General Statutes §130A-335(b) requires that all ground absorption wastewater systems 
shall be regulated by the Department of Environment, Health, and Natural Resources under rules 
adopted by the Commission for Health Services. 

3. The Commission for Health Services has adopted the rules for sewage treatment and disposal systems 
codified at 15 A NCAC 18A .1900. 

4. The rules for sewage treatment and disposal systems codified at 15A NCAC 18A .1900 include what 
is known as a grandfather clause at 15A NCAC ISA .1962. Pursuant to the grandfather clause 
certain properly functioning septic systems are exempted from the current wastewater disposal rules. 

5. Since the Petitioner's septic system was permitted in October, 1976, it would be subject to grandfather 
clause if it is properly functioning and there has not been a change in the sewage flow and 
characteristics. 

6. The evidence indicates that the premises were originally permitted for business usage. The 
Petitioner's operation of a bar/cocktail lounge falls within the business usage designation. 



2062 NORTH CAROLINA REGISTER March 1, 1995 9:23 



CONTESTED CASE DECISIONS 



7. There is no evidence regarding sewage flow and characteristics. Thus, there can be no conclusion 
that the flow and characteristics have changed. 

8. In the absence of evidence that the sewage flow and characteristics have changed, the grandfether 
provisions of subsection .1962 of the Respondent's rules regarding sewage treatment and disposal 
systems for which valid permits have been issued prior to July 1, 1977 apply to the Petitioner. 

9. Pursuant to the grandfether provisions, the Petitioner does not have to comply with current rules and 
regulations regarding sewage treatment and disposal systems so long as the current system is properly 
functioning and so long as the sewage flow and characteristics do not change. 

10. Since the Petitioner's septic system is subject to the Respondent's grandfether provisions, the 
conditions added to the permit on May 2, 1994 are invalid. 

RECOMMENDED DECISION 

The North Carolina Department of Environment, Health, and Natural Resources will make the Final 
Decision in this contested case. It is recommended that the agency adopt the Findings of Fact and Conclusions 
of Law set forth above and rescind its decision to suspend the Petitioner's Certificate of Completion. 

ORDER 

It is hereby ordered that the agency serve a copy of the Final Decision on the Office of Administrative 
Hearings, P.O. Drawer 27447, Raleigh, N.C. 27611-7447, in accordance with North Carolina General 
Statutes section 150B-36(b). 

NOTICE 

Before the agency makes the FINAL DECISION, it is required by North Carolina General Statutes 
section 150B-36(a) to give each party an opportunity to file exceptions to this RECOMMENDED DECISION, 
and to present written arguments to those in the agency who will make the final decision. 

The agency is required by North Carolina General Statutes section 150B-36(b)to serve a copy of the 
Final Decision on all parties and to furnish a copy to the Parties' attorney of record. 

This the 10th day of February, 1995. 



Brenda B. Becton 
Administrative Law Judge 



9:23 NORTH CAROLINA REGISTER March 1, 1995 2063 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, 
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 
department in the North Carolina executive branch of government has been assigned a title number. 
Titles are further broken down into chapters which shall be numerical in order The other two, 
subchapters and sections are optional subdixisions to be used by agencies when appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMEIVT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneere 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examines 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


T ^ndscape Architects 


26 


16 


Public Education 


landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursmg Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Persoimel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heatmg & Fire Sprinkler Contractors 


50 






Podiatry Exammers 


52 






Professional Counselors 


53 






Practicing Psjchologists 


54 






Professional Engineers & I ^nd Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



2064 



NORTH CAROLINA REGISTER 



March 1, 1995 



9:23 



CUMULATIVE INDEX 



CUMULATIVE INDEX 

(April 1994 - March 1995) 



Pages 



Issue 



1 - 75 1 

76 - 122 2 

123 - 226 3 

227 - 305 4 

306 - 348 5 

349 - 411 6 

412 - 503 7 

504 - 587 8 

588 - 666 9 

667 - 779 10 

780 - 876 11 

877 - 956 12 

957 - 1062 13 

1063 - 1151 14 

1152 - 1241 15 

1242 - 1339 16 

1340 - 1392 17 

1393 - 1512 18 

1513 - 1602 19 

1603 - 1696 20 

1697 - 1882 21 

1883 - 1962 22 

1963 - 2068 23 



April 

April 

May 

May 

June 

June 

July 

July 

August 

August 

September 

September 

October 

October 

November 

November 

December 

December 

January 

January 

February 

February 

March 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

State Employees Combined Campaign, 878 

ADMINISTRATIVE HEARINGS 

Rules Division, 1663 

AGRICULTURE 

Food and Drug Protection Division, 1963 
Plant Industry, 127, 1245 

COMMERCE 

Alcoholic Beverage Control Commission, 423 
Banking Commission, 884, 1515, 1701 
Community Assistance, 1394 
Energy Division, 4 

COMMUNITY COLLEGES 

Community Colleges, 1305, 1661 



9:23 



NORTH CAROLINA REGISTER 



March 1, 1995 



2065 



CUMULATIVE INDEX 






CORRECTION 

Prisons, Division of, 1157 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 243 

CULTURAL RESOURCES 

Arts Council, 960 

State Library, Division of, 1889 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 443, 825, 1185, 1283, 1427, 1550 

DEM/ Air Quality, 80, 805 

Departmental Rules, 254 

Environmental Management, 81, 258, 352, 616, 959, 1261, 1348, 1405, 1639, 1899, 1979 

Health Services, 323, 370, 445, 834, 913, 1000, 1112, 1557 

Marine Fisheries Commission, 820, 989, 1109, 1244 

Mining Commission, 442 

NPDES Permit, 3, 232 

Parks and Recreation, 1194 

Radiation Protection Commission, 678 

Sedimentation Control Commission, 1648 

Soil and Water Conservation, 1371 

Solid Waste Management, 171, 364, 1287 

Water Resources, 165, 255 

Wildlife Resources Commission, 38, 42, 84, 358, 830, 910, 999, 1285, 1427, 1553, 1653, 1854, 1900 

Wildlife Resources Commission Proclamation, 125 

FINAL DECISION LETTERS 

Voting Rights Act, 2, 312, 506, 594, 958, 1243, 1340, 1393, 1700 

GENERAL STATUTES 

Chapter 150B, 780 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 123, 227, 306, 349, 412, 504, 588, 667, 877, 957, 1152, 1242, 1513, 1697, 1883 

HUMAN RESOURCES 

Aging, Division of, 1890 

Child Day Care Commission, 10 

Child Development, 1531 

Children's Services, 136 

Day Care Rules, 148 

Departmental Rules, 668 

Facility Services, 4, 128, 423, 509, 668, 890, 1341, 1603, 1971 

Medical Assistance, 318, 440, 513, 597, 964, 1155, 1247, 1631, 1891, 1972 

Medical Care Commission, 1161, 1718 

Mental Health, Developmental Disabilities and Substance Abuse Services, 13, 24, 36, 313, 430, 961, 

1063 
Social Services, 136, 595, 802, 1167, 1343 
Vocational Rehabilitation Services, 434 

INDEPENDENT AGENCIES 

State Health Plan Purchasing Alliance Board, 99, 1030 



2066 NORTH CAROLINA REGISTER March 1, 1995 9:23 



CUMULATIVE INDEX 



INSURANCE 

Actuarial Services Division, 1072, 1257, 1635 

Agent Services Division, 1065 

Consumer Services Division, 1633 

Departmental Rules, 891, 1632 

Financial Evaluation Division, 892 

Life and Health Division, 525, 905, 1071, 1255, 1634 

Medical Database Commission, 605 

Multiple Employer Welfere Arrangements, 76 

Property and Casualty Division, 892, 1634 

Special Services Division, 76 

JUSTICE 

Alarm Systems Licensing Board, 351, 614, 804, 1175, 1853 

Criminal Justice Education and Training Standards Commission, 149, 981 

Private Protective Services, 802, 1174, 1400 

Sheriffs' Education & Training Standards Commission, 670, 986, 1075 

State Bureau of Investigation, 234, 530 

LABOR 

Boiler and Pressure Vessel, 1076 

Mine and Quarry Division, 239 

OSHA, 77, 160, 675, 906, 1258, 1401, 1546. 1973 

Private Pfcrsonnel Services, 1176 

Variance, 230 

LICENSING BOARDS 

Acupuncture Licensing Board, 44, 2016 

Architecture, Board of, 1905 

Auctioneers Licensing Board, 836 

Barber Examiners, 563 

Chiropractic Examiners, 376 

Cosmetic Art Examiners, 280, 1027 

Dietetics/Nutrition, 1115 

Electrical Contractors Examiners, 1199 

Electrolysis Examiners, 1204 

General Contractors, 1658 

Landscape Architects, Board of, 95 

Medical Examiners, 192, 565, 1119, 1206 

Mortuary Science, 720, 1120 

Nursing, Board of, 45, 724, 1209 

Opticians, Board of, 845 

Optometry, Board of Examiners, 194, 1660 

Physical Therapy Examiners, 566 

Plumbing, Heating and Fire Sprinkler Contractors, Board of, 96, 725 

Practicing Psychologists, Board of, 97, 1571 

Professional Counselors, Board of Licensed, 50 

Professional Engineers and Land Surveyors, 728, 924 

Sanitarian Examiners, 730 

LIST OF RULES CODIFIED 

List of Rules Codified, 53, 196, 281, 378, 635, 742, 926, 1041, 1306, 1480, 1666, 1917 

PUBLIC EDUCATION 

Elementary and Secondary Education, 375, 540, 920, 1197, 1568 



9:23 NORTH CAROLINA REGISTER March 1, 1995 2067 



CUMULATIVE INDEX 



I 
I 

I 



SECRETARY OF STATE 

Land Records Management Division, 712 

Notary Public Division, 1112 

Securities Division, 476, 616, 709, 1904 

STATE PERSONNEL 

Office of State Personnel, 477, 847, 1214, 1574, 2018 

TAX REVIEW BOARD 

Orders of Tax Review, 415, 1885 

TRANSPORTATION 

Administration, Director of, 1478 
Highways, Division of, 85, 718, 923, 1114, 1300 
Motor Vehicles, Division of, 89, 276, 542, 2015 
Secretary of Transportation, 1658 



2068 



NORTH CAROLINA REGISTER 



March I, 1995 



9:23 



BARCLAYS OFFICIAL 
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The full Barclays Official North Carolina Administrative Code consists of 22 volumes, totaling in excess of 
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$45.00 




15 


$90.00 




15 


$45.00 




15 


$45.00 




16 


$30.00 




16 


$45.00 





Revised 12/15/94 



Continued 



Volume 


Title 


Chapter 


New 
Subject Subscription* 


Quantity 


Total 
Price 


16 


15A 

15A 

16 

17 

17 

18 

19A 

20 

21 

21 

21 

22 

23 

24 

25 

26 


11-18 EHNR $90.00 
19 - 26 EHNR (includes Breathalizer]B75.00 
1 - 6 Education $30.00 
1 - 6 Revenue $75.00 
7-11 Revenue $60.00 
1 - 8 Secretary of State $30.00 
1 - 6 Transportation $90.00 
1 - 9 Treasurer $45.00 
1 - 16 Licensing Boards $75.00 
17-37 Licensing Boards $75.00 
38-70 Licensing Boards $60.00 
N/A Administrative Procedures (repealed) N/A 
1 - 3 Community Colleges $10.00 
1 - 5 Independent Agencies $10.00 
1 State Personnel $60.00 
1 - 4 Administrative Hearings $10.00 

Binders (1 binder per item ordered) $16.00 
Shipping & Handling (per item ordered) $4.50 

Subtotal 

(North Carolina sales tax 6%) 

Total 






17 






18 






18 






18 






19 






19 






19 






20 






20 






21 

N/A 






22 




22 






22 






22 































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